Document zQOxqdqxKv6GKNgoooMb5XmMg

i <JXIG WAi-utP PLAINTIFF'S EXHIBIT IMABLE CAUTION UC-1880 CHEMICALS FLAMR! IG HAZARDOUS ? WARNING HAZ >LE CAUTION TOXK Hazar< ommunicati CALS FLAMMARI & ZARDOUoo I ' tfXIC WARN! s r N TOXIC A Guide for the Construction Industry MMABLE CA' iHEMICAl. iRDOUS kX!C w Meeting the Occupational Safety and Health ilnistration's Mandate America!' Subcontractors Association, inc. auoccommmtoAc rosi mc. Associated Builders and Contractors, Inc. National Association of Home Builders BRB 0007 Table of Contents Introduction to the OSHA Hazard Communication Standard ......................................................................... Page 1 Common Hazards on Construction Sites ............................................................................................................... Page 4 Your Written Hazard Communication Program ................................................................................................... Page 8 I Employee Training ......................................................................................................................................................... Page ! 1 How to Read and Understand an MSDS ............................................................................................................... Page 13 Contractors' Obligation under EPA's Community Right-to-Know Regulations .......................................... Page 19 Hazard Communication ComplianceChecklist................. ..................................................................................... Page 34 "What If. .. " Answers to Anticipated Problems ............................................................................................... Page 35 Federal HazCom Assistance andState Enforcement ............................................................................................. Page 37 Sample Forms and Letters ........................................................................................................................................... Page 40 Text of Hazard Communication Standard -- Federal Register Publication ................................................ Page 47 Glossary ............................................................................................................................................................................. Page 83 BRB 0008 Foreword The associations participating in publication of this guide to compliance with the Hazard Communication Standard are indebted to Terence J. Burke and Lois Phillips of the law firm, Herzog, Engstrom, Burke, Koplovitz, Cavalier & Lyman in Albany, N.Y. This firm serves as chapter attorney for the Northeastern Subcontractors Association, a chapter affiliated with the American Subcontractors Association. Burke and Phillips did the original research and writing. The generous contribution of their professional expertise helped make this manual possible. At the rime ofpublication, several of the sponsoring associations were engaged in a court challenge to the OSHA Hazard Communication Standard as n applies to the construction industry. One ofthe contentions in this litigation is that compliance with the Hazard Communication Standard, as presently written, is infeasible m the construction industry. While this manual represents our best possible advice as to how a construction company should attempt to comply with the standard, contractors should consult with appropriate counsel[or advice as to their compliance obligations under the standard BRB 0009 CHAPTER ONE Introduction to the OSHA Hazard Communication Standard The U.S. Department of Labor's Occupational Safety Material Safety Data Sheets (MSDSs) and Health Administration (OSHA) has issued a new Your first step toward compliance is to make sure you standard which affects every single contractor and builder have an MSDS for every hazardous substance you use. in the construction industry. The rule is called the Hazard Since September 1987, you should have been receiving Communication Standard (or "HazCom" for short), and it MSDSs with every shipment of hazardous substances. (See requires all contractors to educate their employees about - the chapter entitled "Common Hazards on Construction the hazardous chemicals they are exposed to in the work Sites.") It is the responsibility of suppliers/distributors to place and the methods necessary to protect themselves. provide MSDSs with the products they are selling. Nonethe Many contractors are under the mistaken impression that less, you still may have trouble getting the MSDSs from they don't have many hazardous chemicals in the work suppliers who are unaware of their responsibilities. If you place, but the term "hazardous chemical" applies to every don't receive an MSDS with a shipment, it's your responsi thing from paint to concrete to wood dust. Contractors also bility to ask for one. will be very unused to complying with a "performance- How do you know if a product requires an MSDS? If it based" regulation such as HazCom. Unlike other OSHA is tagged or labeled with any key words such as "danger," standards which generally require contractors to follow "caution," "flammable," "warning," etc., that is a signal to certain guidelines to ensure a safe workplace, HazCom will you to get an MSDS from the supplier. Put any requests to require contractors to inventory the chemicals used by their a supplier for an MSDS in writing. This will be part of your own employees and then train them about the dangers good faith effort to comply should you get inspected by associated with those chemicals. OSHA. (See the chapter entitled "Sample Forms and While it is natural for most business owners to put off Letters.") dealing with government regulations, the time has come for In order to simplify this process, you may want to hazard communication. Considering the construction designate one employee to coordinate your compliance industry's past problems with such substances as asbestos, efforts. That person should set up a system to collect all hazard communication--done properly--could save you incoming MSDSs and set up an easily understood filing and thousands of dollars in fines and protect you from possible retrieval system. Without an organized system, you could liability suits from your employees. Compliance with easily be overwhelmed with paper. The MSDSs will vary HazCom will not be a simple task and will require a in length from two to twenty pages, depending on the commitment of your time. Above all, you must make a make-up of the substance. These documents should give good faith effort to comply and be prepared to document it. you a complete breakdown on the hazards associated with This manual has been designed with the construction the products you are using and will be a key to effective contractor in mind, and the sample programs and forms employee training. (See the chapter entitled "How to Read have been designed for the average construction firm. Don't and Understand an MSDS.") let the subject matter intimidate you. While HazCom was One note of caution if your supplier tends to be a retail designed to protect your employees, this manual was outlet, such as a hardware store or a lumber yard: retailers designed to help you comply with as few headaches as possible. only have to supply MSDSs to customers who have commercial accounts. For all other customers, the retailer must supply the address and telephone number of the What am / required to do? manufacturer from which an MSDS can be obtained. It You will need to train all employees who may be will be a smart move to get into the habit of automatically exposed to hazardous chemicals about the dangers assoc asking for MSDSs with your purchases if you have a iated with those chemicals and the protective measures they commercial account or the address and telephone number need to take. Under HazCom, there are four major elements if you don't have an account. Once you have an MSDS on of compliance: a product, though, it's not necessary to get one with every 1. Material Safety Data Sheets (MSDSs) shipment of that product. You only need to obtain another 2. Labels one if the chemical make-up of the product changes. 3. Employee Training OSHA does urge all employers who have difficulty 4. A Written Hazard Communication Program obtaining MSDSs from suppliers and/or manufacturers to As noted in theforeword lo this manual, the participating associations are presently involved in a legal challenge to the Hazard Communication Standard Pending the resolution of this litigation, the participating associations make no warranty that the information contained herein will necessarily be accepted by OSHA. 1 BRB 0010 contact their local OSHA office for assistance. Again, keep careful documentation of all correspondence with suppliers and manufacturers, as well as correspondence with your local OSHA office. Once all of your MSDSs have been assembled, you must keep copies of them at a central location on all jobsites, such as trailers or trucks. All employees must be made aware of the location and be given access to the MSDSs upon request. They are for their benefit as well as yours. Ixibels You will also need to make sure that every incoming hazardous product has a label identifying the chemical with appropriate hazard warnings. You will be able to use the MSDSs and the labels as a check on one another. If a product has a warning label, but no MSDS or vice versa, you will need to request either the label or MSDS from the supplier. As with MSDSs, make sure all requests for labels are carefully documented. Labels on the products must be in English, easily understandable, and not defaced. The product labels will essentially be a synopsis of the MSDSs, but they should never be considered to be a substitute for MSDSs. The label will be the employee's immediate source of information, with the MSDS as a backup. If a hazardous substance is transferred into a portable container to be used by several employees or on several shifts, each portable container must be appropriately labeled with the hazard information from its source. For instance, if paint is transferred from a large drum into smaller containers which are not labeled, then you must label those containers with the hazard warnings from the drum. However, if the person making the transfer is going to use the substance immediately, no labeling is required on the portable container. When you review the labels, determine whether your employees will understand the symbols and terminology used. You will need to provide an explanation of the labeling system to your employees during training. It's a good bet if you can't figure it out, then your employees won't be able to either, so contact the supplier or manufac turer for assistance. Should an emergency occur, the label will be the first thing the employee looks at, so it should say what to do in an emergency. The word ''danger" on the label, without more explanation, won't help after an accident occurs. Employee Training Once you have your MSDS and labeling system in place, you'll need to transmit this information to your employees. Who has to be trained? Remember, you must inform and train not only those employees actually exposed to hazardous substances during their routine job duties, but also any employee who could potentially be exposed from unexpected releases or emergency situations. For example, an employee who only handles sealed containers of chemi cals and normally would not be exposed, may become exposed to a hazard if the container leaks or spills. Likewise, an office worker may not be exposed to hazards in the office, but may be exposed if he or she routinely goes on site to deliver messages, etc. Generally, office personnel will not be required to be trained, since office products are not classified as hazardous substances. However, if there is an employee who is principally responsible for the copying machine and handles the chemicals associated with it, then they would have to be trained about the dangers. To actually train your employees about the hazards of every site they are working on may seem like a monumental task, particularly if you have hundreds of chemicals. You are allowed to train your employees by chemical categories (See the chapter entitled "Employee Training.'')You are not expected to have a chemist's knowledge about hazard ous substances. Your task is to make your employees aware of what they are working with. That means telling them: 1. How to spot hazards; 2. What the physical and health hazards are of that chemical (See the chapter "Common Hazards on Construction Sites."); 3. What they need to do to protect themselves; 4. What they need to do in an emergency; 5. The location and content of your company's written hazard communication program (to be discussed next). You or your designated representative must train employ ees before they are exposed to a hazardous substance. Even if an employee says he was trained already on the substance by another employer, you should do it again since he is now your employee and your responsibility. You should also stress to your employees that they have an important role in making this program work. It may be wise to conduct the training right after an employee has completed his tax and immigration forms, and then have him "signoff" that he has received the hazard communication training. (See the chapter entitled "Sample Forms and Letters ") Written Hazard Communication Program Under HazCom, you are also required to have a written hazard communication program for your company. This is also very important because during an OSHA inspection, it is likely to be one of the first things the inspector is going to ask to see. Essentially, the written program is a description of everything you are doing to comply with HazCom. It must also be made available to employees and employee representatives should they ask to see it. The written program has to be maintained at all of your jobsites. Basically, the written program must outline how you are going to meet your MSDS, labeling and training responsibil ities. (See chapter entitled "Sample Written Hazard Com munication Program.") Your written program must also contain your inventory list of chemicals used on your jobsites. You need to reference them as they appear on the MSDS, but, for your own understanding, you may want to \ - BRB 0011 list the chemical and common names of the substances. This will help with any updating you will eventually need to do. The program must also deal with how you will meet your responsibilities on multi-employer jobsites, i.e. most construction sites. What are my responsibilities to other contractors on site? Probably the most difficult part of compliance for contractors will be the multi-employer worksite require ments of HazCom. This provision requires you to inform your employees about the hazards they may be exposed to by other contractors working on the same site. Under the multi-employer requirements, you must obtain from other contractors working in the same area of the site at the same time as your employees: 1. The MSDSs for the products the other contractors are using around your employees or find out the location of their MSDSs on site; 2. An explanation of the labeling system other contractors are using; 3. Information about the precautionary measures your employees need to take to protect themselves during normal operating conditions and in emergencies. The coordination of this process will be left to the individual contractors, but it may be wise to try and find out who the other contractors will be on a jobsite before work begins. You should then contact those other contractors and ask them for the appropriate information. It will probably be easier to make contact before a job begins because employees of different contractors are always coming and going once the job begins. In addition, you must include this information in your own training of your employees, and the steps you take to comply with the multi-employer require ments must be outlined in your written hazard com munication program. (See the chapter entitled "Sample Written Hazard Communication Program.") Is that all? Hazard communication isn't a one-shot deal. This is going to be an ongoing process as long as you are in business. Considering the number of employees who pass through this industry, you will probably be conducting employee training fairly frequently. In addi tion, every time a new hazard is introduced in the workplace, you will also need to do training on that substance.The same is true if a product's chemical make-up changes. You'll know when that happens because your supplier should send a new MSDS on the product. All contractors will be relying on one another to get the appropriate information to train their own employees. If you don't prepare your own company, you'll run the risk of forcing other contractors into non-compliance The following chapters will help you develop your hazard communication program by discussing each of the main elements in more detail. In addition, there will be helpful hints and answers to the many questions that will no doubt come to mind. Once you have gone through the manual, you'll then want to read the "What If..." chapter, which will help you anticipate problems on the jobsite. \ \ 3 BRB 0012 CHAPTER TWO Common Hazards on Construction Sites One of the most time-consuming tasks you will face in getting your company ready for HazCom will be trying to inventory all the chemicals that you use. Trades that use fewer hazardous substances will find the process easier. Since no contractor, even one in the same trade, will be using the same products as another, there is no standard method or shortcut for doing the inventory. How Do I Know What Hazardous Chemicals I Use? Builders and contractors are not required to determine which of their products are covered by HazCom. Hazard determination is the responsibility of the product's manu facturer, distributor or importer. If a product is accompanied by a Material Safety Data Sheet (MSDS), then you are on notice that it is made up of one or more hazardous chemicals. Another clue is if the label contains any of the key "danger" words such as "caution," "flammable," "warning," "corrosive," "irritant," "toxic," etc. If you spot such words, you should already have an MSDS for the product. If not, contact the supplier or manufacturer for one. For each one of these products, you will need to identify: 1. How to spot the presence or release of the chemical(s); 2. Any physical or health hazards associated with it; 3. Any protective measures an employee needs to take while working with the product; 4. Emergency procedures necessary in case of an accident. All of this information can be found on the MSDS accompanying the product. However, since some MSDSs can be quite lengthy, you may have to sort through some of the excess information that manufacturers may supply on the forms. When you review the hazards of the products you are using, you should note the difference between a physical and a health hazard. A substance presents a physical hazard if it is flammable, explosive or reactive. A substance presents a health hazard if exposure to it can cause acute (immediate) or chronic (long-term) health problems in a person exposed to it. This may seem like an enormous amount of information if you're dealing with hundreds of products that can be potentially classified as "hazardous." Indeed, it will be a time-consuming task, but it won't be necessary to go through all of this information on each substance when you train your employees. OSHA does allow you to train in categories and most of your products will fall into a few categories. In other words, many products will be handled in the same manner. However, many products will also fall into more than one category, so you need to make sure you include it in each discussion of every category it fits in. Once you have identified which of the products you use are hazardous, you should be able to classify them in categories. Generally, most hazardous substances used on construction sites will fall into one or more of the following categories: 1. Flammables and combustibles 2. Compressed gases 3. Toxins (Systemic poisons, dusts, fumes, corrosives, irritants) Flammables and Combustibles Obviously the main physical hazards posed by products in this category are their ability to cause fires and/or explosions. Some of the most obvious examples are kerosene, gasoline and alcohol, but there are also unfamiliar chemicals which also fall into this category, such as heptane, benzene and acetone. Many times these unfamiliar names are present in common products such as paints, glues and sealants. These products could also present health hazards as well, if there is prolonged exposure. When you discuss the flammable nature of products in this category while training your employees, you should particularly discuss which ones present bigger threats. In addition, you should warn them about tools or actions that may ignite flammable products such as welding tools, torches or cigarette smoking. It is also important to instruct employees about the proper ventilation necessary when using these products and the importance of cleaning up spills quickly. You should also note that some flammables give off invisible vapors which can accumulate and/or travel (example: certain types of glues). These vapors can be ignited by sparks or heat, such as from power tools, and can cause serious injury and damage. Compressed Gases Of all the hazardous substances present on construction sites, compressed gases are the easiest to spot because they are packaged in steel cylinders. Generally, products such as oxygen, LP gas, freon and hydrogen are packaged as compressed gases. One of the biggest dangers of compressed gases involves damage to those cylinders. If the valve stem of a cylinder breaks or is sheared off, the cylinder could literally take off like a rocket or a torpedo. In addition, some compressed gases may present a fire hazard if their cylinders leak. Others may actually remove oxygen from the air. It is important to read the individual labels and As noted in theforeword to this manual, the participating associations are presently involved in a legal challenge to the Hazard Communication Standard. Pending the resolution of this litigation, the participating associations make no warranty that the information contained herein will necessarily be accepted by OSHA. BRB 0013 MSDSs on compressed gases. When training employees on compressed gases, they should be informed about the potential hazards and the proper storage, handling and emergency procedures associated with these gases. Toxins Toxins are a general class of substances which can pose a health hazard to those using them. However, just because a substance is toxic, this does not automatically mean it is a significant health threat. A toxin is any substance which may harm the body, but it is important to consider the concentration of the chemical and the length of exposure. The MSDS accompanying toxins should tell you the acceptable limits of exposure, and that is the key to proper usage without harm to the employee. Toxins should not be grouped into one massive category, because of the sheer number of them present on construction sites and their wide variety. Your particular trade may require additional categories for products unique to your trade, but toxins can usually be grouped in the following classes: 1. Systemic Poisons 2. Corrosives 3. Irritants, Dusts and Fumes Systemic Poisons A systemic poison is a chemical which can cause serious damage to an organ or system of the body, such as the liver or nervous system. Exposure to these substances is usually through breathing, but they can also be swallowed or absorbed through the skin. Systemic poisons are often in the form of harmful vapors and gases and, when they are breathed in by an employee, can pass through the lungs and into the blood stream, thereby attacking an organ or system of the body. The most deadly aspect about many of these poisons is that it may take years for the employee to experience the side effects. That is why it is important for employees to take precautionary measures when working with them. Systemic poisons can have more immediate and notice able effects if an employee should accidentally get them on his skin. This can occur with many solvents used on construction sites. The poison may pass through the skin and into the body. In addition, you should also caution employees about the effects of swallowing these poisons. This can happen if employees don't carefully wash them selves before eating, drinking or smoking. Corrosives A product is a corrosive if it falls into the group of chemicals which damage the body on contact. The most obvious example for construction is the assortment of acids used in many trades, btjt simple items such as cleaning products and paint remover can also be corrosives. Wet concrete also is a skin corrosive. The most important points to stress when training employees about corrosives are how to eliminate exposures and how to wear protective gear which guards the skin, lung, nasal passages, and the eyes. Emergency procedures should also be emphasized because of the immediate effects of corrosives should there be an accident. These precautions should be stated on the labels of the products. Irritants, Dusts and Fumes Of all of the toxins, irritants are the least harmful but damaging nonetheless. Like systemic poisons, irritants can have a harmful effect on the lungs and other organs. Like corrosives, they also can have a harmful effect on skin and eyes. Generally, a product is an irritant instead of a poison or corrosive if it is in a smaller quantity or concentration. Employees should take the same precautions against irritants as they do with poisons and corrosives, and training should stress proper protective gear and adequate ventilation. As with all toxins, employees should stop work immediately if they feel ill when they are working with these products. They should then check the label of the product they are working with for first aid information. Wood dust, sand and cement give off deadly dusts which can then accumulate in the lungs and nose and damage the eyes. These are nuisance dusts, but some can cause chronic health problems. It is important that employees know of protective gear they should wear when performing oper ations such as sanding, grinding and mixing. In some cases involving systemic poisons, gloves and/or respirators may be necessary. As always, the best reference will be the MSDS. In addition, you will need to include these dusts and fumes in your inventory list of hazardous products attached to your written HazCom program. Are There Any Substances / Can Exclude from Training? In general, there are two classes of products which don't have to be included in your hazard communication train ing: articles and consumer products. However, these exemp tions have been carefully and narrowly crafted by OSHA. So before you assume anything is exempted from the standard, take careful note of the following definitions of these exemptions. Articles An article is generally a solid product which is already in its end form when it is used on a construction site and doesn't release hazardous substances under normal condi tions of use. Pipes, wood, glass, tools and insulation are all articles. One problem with the article exemption is what happens when you cut or form those products during the course of work. The wood will give off wood dust, the glass will give off fragments, insulation can give off fibers, etc. Another problem is with materials such as particleboard, which gives off molecular amounts of formaldehyde even when they are not cut. If there is a hazard associated with these products, then your distributor should send an MSDS with it when you purchase it. When you receive a lumber shipment, you should get an MSDS on the dangers associated with wood dust. You don't need to train your employees about the 5 BRB 0014 dangers of wood, just wood dust. Don't overreact to this by including everything under the sun in your training pro gram. Items such as doors, tables, saws and drills are articles, period. Consumer Products Many common consumer products also do not have to be included in your hazard communication program, but a great deal depends on how you use them in the work place. Many products found at local hardware stores and retail outlets that are used by contractors can be considered consumer products. However, you may exempt them from your program only if they are packaged in the same form and concentration as Joe Consumer can purchase them, and only if you use the products for the same duration and frequency as Joe Consumer uses them. In other words, if you purchase products at a hardware store but they are marked "for industrial use only," then you would still have to include the products in your HazCom program. Also, if you buy large quantities of a hazardous product at a retail outlet, then these would have to be included. Just because you bought them at a retail establishment does not automatically mean the products are exempt. If there is any doubt that you may not be using these products as a consumer uses them, then you would be wise to include them in your HazCom program. Can Anyone Just Tell Me What Hazardous Substances I'm Using? A word of warning: Be wary of anyone who claims to have a standard list of everything you are using. No two construction companies will be alike, and unfortunately there are no shortcuts. Remember, OSHA designed HazCom to be a performance standard and that means you'll need to assess your own company. No one else will be able to do it for you. Watch your labels and look for MSDSs. The following is a list of common hazardous substances often found on construction sites. It is by no means a complete list, so it should only be used as a guide. You also can use it as a model when you inventory your own company. BRB 0015 HAZARD CATEGORIES BRB 0016 Hazard Categories for Common Construction Products Substance Physical Hazards Health Hazards Aceteleoa Acetone Alcohol Solvents Asbestos Babbitt Merit Beanos Cadmlom Fanes Carbon Dioxide Carbon Monoxide Qaoodum Qcanen Cori Tar Comprised Air CopvtrFm* DM Fuel Epoxy Resina Flbergtas FWbridk ron--Buoi *cBy. ov Form Of Freon (reMgerat) Cajoftse Gtssa Fibers Gfaes Heptane Heum Hydrochloric Add Ingwool Kerosene Lead Dnst Lbne LP Gas Lubricants Lye Magnesian Mastics/Adheahes Methanol Methyl Ethyl Ketone (MEK) ivurih spans Mvtntfc Add Nickel Nitrogen Print Print Sttlppei Pesticides Pipe Joint Compoand Fortiori Cment Propane Sand/Sfca Solano SdhrieAdl Tsle Tarpenttae Varafah Vlnyt Chloride Waterproofing Watts Treatment* Wctdfag Rods WooJm Wood Pieaerrrihta Zinc Flammable/ Combustible X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Compressed Gas X X X X X X X X Systemic Pobon X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Irritant/ Dust X Corrosive XX X X X X XX X X X X X X X X X X XX X X X X X X X X X X X X X X X X BRB 0017 WRITTEN HAZARD COMMUNICATION BRB 0018 CHAPTER THREE Your Written Hazard Communication Program As part of HazCom, all construction employers are required to have a written hazard communication program for their companies. This written document will be the key to complying with HazCom and will provide the frame work for managing your hazard communication program. You can think of your written program as your company's policy or operating procedure on hazardous substances. Your written program will most likely be one of the first documents that the OSHA compliance officer will want to review during an inspection of your worksite. It must be complete, accurate, current and understandable. It also must contain specific information: 1. A list of the hazardous chemicals on your worksite. (The list may be developed for the workplace as a whole, or for individual work areas. A sample inventory sheet can be found after the sample program.) 2. A statement describing how you, as an employer, will meet your obligations under HazCom for labeling, MSDSs and employee training. 3. A description of how you, as an employer, will inform employees of the hazards they might encounter when they perform non-routine tasks. 4. An explanation of how you, as an employer on a multi employer worksite, will inform other employers about the hazardous chemicals you bring on site which are used around their employees. Your written program must state: -- how copies of MSDSs will be made available to other employers; -- how you will inform other employers of the precautionary measures that need to be taken to protect employees under normal working con ditions and in emergencies; and -- how you will inform other employers of the labeling system you're using on the worksite. The following few pages set out a sample written hazard communication program. It can be adopted for use by your company. Simply retype it and add the appropriate informa tion, or tailor it to your individual company. Introduction' Sample Written Hazard Communication Program (Name o( Company) js fjrm|y committed to providing all of its employees with a safe and healthy work environment. It is a matter of company policy to provide our employees with information about hazardous chemicals on the worksite through our hazard communication program, which includes container labeling, Material Sajety Data Sheets (MSDSs) and employee information/training. ---------------------------- (Name of person or position)wj|| have the overall responsibility for coordinating the hazard communication program for(Name oi company)___________________________ ___ (Name ot person or position)______________________ wj|| make our written hazard communication program available, upon request, to employees, their designated represent atives, the Assistant Secretary of Labor for Occupational Safety and Health and the Director of the National Institute for Occupational Safety and Health. List of Hazardous Chemicals --------------------- (Name of person or position) __________ wj|| compile a list of all hazardous chemicals that will be used on the worksite by reviewing container labels and Material Safety Data Sheets. The list will be updated as necessary. It will be kept ------------------(location)____________--(See attached list of hazardous chemicals.) v As noted in theforeword to this manual, the participating associations are presently involved in a legal challenge to the Hazard Communication Standard. Pending the resolution of this litigation, the participating associations make no warranty that the information contained herein will necessarily he accepted hv OSHA. 8 BRB 0019 Labeling It is the policy ol this company to ensure that each container of hazardous chemicals on a jobsite is properly labeled. The labels will list: the contents of the container appropriate hazard warnings; and the name and address of the manufacturer, importer or other responsible party To further ensure that employees are aware of the chemical hazards of materials used in their work areas, it is our policy to label all secondary containers. Secondary containers will be labeled with either an extra copy of the manufacturer's label, or with a sign or generic label that lists the container's contents and appropriate hazard warnings. This responsibility has been assigned to <PefSon) Material Safety Data Sheets Copies of Material Safety Data Sheets for all hazardous chemicals to which employees may be exposed are kept (location)and are readily accessible to employees in the work area during each work shift. (Name o( position or person) js responsible for obtaining, maintaining and updating the file of Material Safety Data Sheets. Employee Training Employees are to attend a training session on hazardous chemicals in their work area at the time of their initial work assignment. The training session will cover the following: e An overview of the hazard communication requirements. A review of the chemicals present in their workplace operations. The location and availability of our written hazard communication program, a list of hazardous chemicals and Material Safety Data Sheets. Methods and observation techniques that may be used to detect the presence or release of hazardous chemicals in the work area. The physical hazards of the chemicals in the work area. The health hazards of the chemicals in the work area, including signs and symptoms of exposure and any medical condition known to be aggravated by exposure to the chemical. How to lessen or prevent exposure to hazardous workplace chemicals by using good work practices, personal protective equipment, etc. Emergency procedures to follow if employees are exposed to hazardous chemicals. . An explanation of our hazard communication program, including how to read labels and Material Safety Data Sheets to obtain appropriate hazard information. When a new type of product is introduced into a work area or the chemical composition of a product changes, ________(person or position) wm review the above items as they are related to the new chemicals. Non-Routfne Tasks Periodically employees are required to perform non-routine tasks. Prior to starting work on such projects, each affected employee will be informed by (person or position) about hazards to which they may be exposed and appropriate protective and safety measures. Informing Other Employers To ensure that the employees of other contractors have access to information on the hazardous chemicals at a jobsite, it is the responsibility of(person or position)t0 provide the other contractors the following information: where the MSDSs are available; the name and location of the hazardous chemicals to which their employees may be exposed and any appropriate protective measures required to minimize their exposure; and an explanation of the labeling system used at the jobsite. Each contractor bringing chemicals onto a jobsite must provide us with the appropriate hazard information on those substances to which our own employees may be exposed to on a jobsite. i BRB 0020 "S BRB 0021 INVENTORY OF HAZARDOUS CHEMICALS Hazardous Chemical Inventory of Hazardoi Chemicals Common Name A^xA/JLr Product Name Manufacturer &/)//<?/? Yqj# MSDS Has Been Received *X0JJ Mz z /4u/ajT MOT# P SZ' i u0e 0/l. " " (, % P-S /S 0-9-0 XP-J So SvfcAfto ATA ojuK AiP 0>/J/#X // Z A OX'/C V Ay ft tl /> // U I ts' \ 10 BRB 0022 Hazardous Chemical Inventory of Hazardous Chemicals Common Name Product Name Manufacturer MSDS Has Been Received \ 10 BRB 0023 Hazardous Chemical Inventory of Hazardous Chemicals Common Name Product Name Manufacturer MSDS Has Been Recciscd l 10 BRB 0024 MSDS BRB 0025 CHAPTER FIVE How to Read and Understand an MSDS Manufacturers, importers, distributors and suppliers are required to provide you with Material Safety Data Sheets (MSDSs) for each of their hazardous chemicals. As a contractor, you are required to maintain a file of MSDSs for the hazardous chemicals you use. According to OSHA, you will be able to determine a hazardous substance by ~ referring to the MSDS and the label. The OSHA standard specifies the information required on each data sheet, and all information must be written in English. An MSDS must precede or accompany the initial shipment but does not have to be physically attached to it. If you receive subsequent shipments of the same item, a new MSDS is not required to be sent to you unless the chemical make-up of the product changes. Review the MSDSs you receive for accuracy and completeness, and make sure you have the latest version on file. When an MSDS includes new information on a substance you use or a new compound has been added to it, additional employee training will be required. To ensure proper recordkeeping and maintenance of MSDSs, you should: 1. Make sure any employee who purchases supplies for your company is on the lookout for MSDSs. 2. Include a request for an MSDS and a label that meets the requirements of the Hazard Communication Stand ard on all purchase orders. 3. Ask for an MSDS for any material bearing a label indicating it is a hazard unless an MSDS is already on file. (See the sample letters in Chapter Ten.) 4. To deal with the multi-employer situation, you may request information from other contractors on the site about hazardous substances and chemicals known to be at the site. While MSDSs will appear in many different formats, they will contain essentially the same information. The information on an MSDS is extremely technical in nature and should be used as a reference or as a backup to information contained on a label. An MSDS tracking OSHA Form 174 (see sample, page 16) would offer the following information: Section I - Identification 1. Chemical name, as it appears on the label. 2. Manufacturer's name and address. 3. Emergency telephone number in the event of an emergency involving' the substance. 4. Date prepared and the signature of the preparer. Section U - Hazardous Ingredients/Identity Information 1. Hazardous Components: Contains the specific chemical identity, its formula, and any common names it is known by. 2. OSHA Permissible Exposure Limits (PEL): PEL is the permissible maximum amount of the chemical a person may be safely exposed to without harm. 3. American Conference of Governmental Industrial Hygienists Threshold Limit Value (TLV): TLV is the concentration of a chemical in the air that can be breathed for five consecutive eight-hour workdays by most persons without harmful effects. It is generally expressed in parts per million. 4. Other limits recommended: Any other recommended limitation on the use of the chemical by any agency, scientific group, or organization should be included. Section III - Physical/Chemical Characteristics 1. Boiling Point: The temperature at which a liquid boils. 2. Vapor Pressure (mm Hg): Vapor pressure measures a liquid's tendency to evaporate. The higher the pressure, the faster it will evaporate. 3. Vapor Density: Indicates the weight of the vapor compared with the weight of an equal volume of air. If a vapor is heavier than air (vapor density greater than !), it will sink to the ground. If it is lighter than air (vapor density less than 1), it will rise. For example, with flammable materials, when the vapor density is greater than 1, vapors tend to collect in the lowest spot. A contractor must be alert to vapors traveling to an ignition source, then flashing back to the vapor source. Care must also be taken to ensure that vapors do not displace oxygen. 4. Solubility in Water: Indicates whether the chemical can mix with water in any ratio without separating. 5. Appearance and Odor: A brief description of the chemical's color and smell. 6. Specific Gravity: Ratio of the weight of the material to the weight of an equal volume of water. The specific gravity determines whether the material floats or sinks in water. Specific gravity values less than or equal to 1 indicate that water should not be used to extinguish a fire involving the substance unless the water comes from automatic sprinklers. 7. Melting Point: Indicates the temperature at which a solid changes to a liquid. 8. Evaporation Rate (Butyl Acetate = 1): Indicates the temperature at which a substance evaporates. As noted in theforeword to this manual, theparticipating associations are presently involved in a legal challenge to the Hazard Communication Standard. Pending the resolution of this litigation, the participating associations make no warranty that the information contained herein will necessarily be accepted by OSHA. 13 BRB 0026 Section IV - Fire and Explosion Hazard Data 1. Flash Point: Indicates the lowest temperature at which a liquid gives off enough vapor to ignite in air when exposed to a flame. When the flash point is between 100 and 110 degrees Fahrenheit, extra care must be taken in hot environments. The liquid's temperature could be high enough to be ignitable if an ignition source is introduced. Such sources might be cigarette smoking, electrical equipment and wiring, cutting and welding, or static electricity. A red diamond is required on all liquids classified by OSHA as flammable (flash point values of 99.9 degrees F or below). 2. Flammable Limits: Indicates the range of vapor concen trations which will explode when an ignition source is present. The "Lower Explosive Limit" (LEL) is the minimum amount of vapor in the air that can be ignited! The "Upper Explosive Limit" (UEL) is the maximum amount of vapor in the air that will sustain fire. 3. Extinguishing Media: Materials suitable for putting out a fire involving the identified chemical. These fire fighting agents are water fog, foam, alcohol foam, carbon dioxide, and dry chemical. The four classes of fires are: Class A --paper, wood, straw, cloth Class B --flammable and combustible liquids Class C --fire involving energized electrical equipment Class D --combustible metals Testing laboratories classify fire extinguishers based on the class of fire they are designed to put out. For example: Class A fire can be fought with water; Class B fires with carbon dioxide, foam or dry chemical; Class C fires with carbon dioxide or dry chemicals; Class D fires with special extinguishing compounds. 4. Special Fire Fighting Procedures: Indicates the chem ical's special characteristics when it comes in contact with fire, such as whether it is difficult to put out; whether it will re-ignite spontaneously; whether it is extinguished by water or other firefighting agents. This subsection will also indicate any required protective equipment needed when fighting the fire, as well as evaluate any toxicity of the material on anyone fighting the fire. 5. Unusual Fire and Explosion Hazards: Indicates any special types of hazards requiring attention. The description will indicate whether the chemical is difficult to extinguish, will re-ignite spontaneously, and how it reacts with water and other extinguishing agents. For example, if water is applied to a combustible liquid with a flash point above 212 degrees F, it may foam violently or boil over, endangering workers and fire fighters. Section V - Reactivity Data 1. Stability: Indicates conditions that contribute to the stability or instability of a chemical when it is exposed to heat, pressure, or excessive shock during storage, use, misuse or transport. Look to this section to identify specific conditions to be avoided. These warnings, for example, may be "reacts violently with water" or "avoid sudden shock." 2. Incompatibility (materials to avoid): Indicates various materials or conditions you must keep the chemical away from to avoid adverse reactions. For example, a substance which ignites or explodes when it comes in contact with the chemical. 3. Hazardous Decomposition or By-products: Indicates gases or vapors which are released when the chemical is burned or decomposes. It tells you what hazardous substances your employees may be exposed to as a result of heating, working or burning the chemical. 4. Hazardous polymerization: Polymerization is a chem ical reaction where molecules of the chemical combine with molecules of another material to form a larger, different material. This reaction is accompanied by the release of large amounts of energy which can produce fire or other hazards. Polymerization can occur when the chemical comes in contact with certain plastics, rubber or coatings. This section of the MSDS will indicate possible storage conditions which could result in polymerization. It will also indicate any inhibitors --chemicals which can be added to prevent or delay polymerization -- and the expected time period in which an inhibitor is used up. Section VI - Health Hazard Data 1. Route(s) of Entry: A chemical may enter the body either through inhalation, by contact with the skin or eyes, or by being swallowed. 2. Health Hazards: Indicates any long-term (chronic) or short-term (acute) effects of a chemical on the human body. 3. Carcinogenicity: Indicates whether the chemical causes cancer. It is important that your employees understand that not all hazardous substances cause cancer when an individual is exposed to them. 4. Signs and Symptoms of Exposure: Indicates and describes the effects of exposure to the chemical, such as an employee's appearance, and the most common resulting sensations, for example, headache, dizziness or nausea. 5. Medical Conditions Severely Aggravated By Exposure: Indicates how the chemical will affect any pre-existing medical conditions. 6. Emergency and First Aid Procedures: Indicates first-aid procedures to use in order to reduce the hazardous effects of the chemical. The techniques covered will deal only with inhalation of the chemical, and skin or eye contact with it. You must emphasize that these are emergency procedures only, and an exposed employee should be examined by a doctor as soon as possible. 14 BRB 0027 Section VII - Precautions for Safe Handling and Use 1. Steps to be Taken in Case Material is Released or Spilled: Indicates precautions such as avoid breathing gases and vapors; avoid contact with liquids and solids; remove ignition sources; use of special equipment for clean ups. This section also gives recommended tech niques to use in controlling land or water spills. 2. Waste Disposal Methods: Indicates proper disposal of the chemical and contaminated materials. 3. Precautions to Take in Handling and Storing: Indicates . .safe handling and storage procedures to be taken to avoid hazardous reactions. This section will emphasize incompatibility or polymerization problems which could occur during storage or handling of the chemical. 4. Other Precautions: Indicates special precautions to use in handling or disposing of the chemical. Section Vm - Control Measures The measures indicated in this section should be taken whenever the chemical is handled or disposed of during normal use. They are not measures to be used solely during emergencies or accidental spills. 1. Respiratory Protection: If needed, specifies type of respirators required by OSHA when the chemical is used, even as a precautionary measure in non-emergency situations. 2. Ventilation: Indicates ventilating systems needed to prevent overexposure to the chemical. "Local exhaust" ventilation is a system with high speed and low volume that will capture a chemical quickly after it has been released. The objective is to prevent the substance from reaching the employee's breathing zone. "Mechanical (general) ventilation" is the regular ventilation system used to heat and/or cool an enclosed area in a permanent facility. 3. Protective Gloves: Indicates whether or not gloves must be worn when the chemical is handled. If gloves are required for skin protection, the type of material they should be made of will be indicated. 4. Eye Protection: Indicates appropriate eye protection, such as face shields, safety goggles or glasses. 5. Other Protective Clothing or Equipment: Indicates protective equipment, such as aprons or boots, and the materials they should be made of to effectively prevent skin contact. v 15 BRB 0028 Material Safety Data Sheet May be used to comply with OSHA's Hazard Communication Standard, 29 CFR 1910.1200. Standard must be consulted for specific requirements. IDENTITY (As Used on Label and Ust) Section 1 Manufacturer's Name Address (Nunbar. Sheet Cay, State, and ZIP CoHa) U.S. Department of Labor Occupational Safety and Health Administration (Non-Mandatory Form) Form Approved OMB No. 1218-0072 Note: Blank spaces are not parmtttad. H any Ham is not applicable. or no Inhumation is avaHabte, the spaoa must be merited to indica'.a that. Emergency Telephone Number Telephone Number for Information Data Prepared Signature of Preparer (optional) Section II -- Hazardous Ingredients/Identity Information Hazardous Components (Specific Chemical Identity; Common Name(s)) OSHA PEL ACGIH TLV Other Limrts Recommended At (opoonail Section III -- Physleat/Chemical Characteristics Boiling Point Vapor Pressure (mm Hg.) Vapor Density (AIR 1) Sotubrtrty in Water Appearance and Odor Section IV -- Fire and Explosion Hazard Data Flash Point (Method Used) Extinguishing Media Special Fire Fighting Procedures Unusual Fire and Explosion Hazards (Reproduce locally) Specific Gravity (HjO - 1) Melting Point Evaporation Rate (Butyl Acetate * t) Flammable Limits LEL UEL OSHA 174. Sept. 1985 BRB 0029 Section V -- Reactivity Data Stability Unstable Stable Incompatibility (Materials to Avoid) Hazardous Decomposition or Byproducts Hazardous Polymerization May Occur Will Not Occur Conditions to Avoid Conditions to Avoid Section VI -- Health Hazard Data Route(s) of Entry: Inhalation? Health Hazards (Acuta and Chronic) Skin? Carcinogenicity: NTP? Signs and Symptoms of Exposure Medical Conditions Generally Aggravated by Exposure Emergency and First Aid Procedures IARC Monographs? Section VII -- Precautions for Safe Handling and Use Steps to Be Taken in Case Material ta Released or Spilled Waste Disposal Method Precautions to Be Taken in Handling and Storing Other Precautions Section VIII -- Control Measures Respiratory Protection (Specify Type) Ventilation Local Exhaust Mechanical (General) Protective Gloves Other Protective Clothing or Equipment Work/Hygienic Practices Special Other Eye Protection Page 2 -- Ingestion? OSHA Regulated? * usoro itv-4si-5i/*sm BRB 0030 CHAPTER SIX Contractors' Obligation under EPA's Community Right-to-Know Regulations Because HazCom has been extended to the construction industry, some contractors will also have to start complying with the Environmental Protection Agency's Community Right-to-Know reporting regulations. These are separate blit related requirements. Contractors who must maintain Material Safety Data Sheets (MSDSs) under HazCom may also have to report certain information to state and local emergency planning commissions and their local fire departments. .. Will All Contractors Have to Comply with This? Not every contractor will have to comply with these reporting requirements. As of April 30, 1989, contractors who have a hazardous substance in excess of 10,000 lbs. (approximately 1,250 gallons) must report it to their state and local emergency planning commission and their fire department. A list of the state emergency response commis sions can be found at the end of this chapter. The reporting of hazardous substances must either be in the form of a list of the chemicals or the actual MSDSs. Then, on March 1,1990, those contractors must submit the Tier One form (attached at the end of the chapter) to those same three reporting agencies. Should the agencies want more information, they will request that you fill out the Tier Two form (also attached). On each succeeding March 1, you will be required to submit another Tier One form on substances present in the workplace in excess of 10,000 lbs. Since these quantities are so large, these rules will probably not apply to many chemicals for a typical contractor. However, a large painting contractor may have large amounts of paint, a roofer may have large amounts of tar, or a land developer may have his own diesel fuel or gasoline supply which would have to be reported. You will have to survey your own company to see what you have large amounts of on hand. If you do have any substances in excess of 10,000 lbs., make sure you do report them because non-compliance could bring about penalties of as much as $25,000 per day. EPA has established a Chemical Emergency Prepared ness Program Hotline to answer questions regarding the reporting requirements in this chapter. (This is not an information line for OSHA's Hazard Communication Standard.) The number is 1-800-535-0202 (202-479-2449 in Washington, D.C.). \ 19 BRB 0031 MATERIAL SAFETY DATA SHEET, Version Jan. 1992 Sigma Aldrich Corporation 1001 West Saint Paul Ave., Milwaukee, Wl 53233, USA Sigma Aldrich For Emergency Contact USA/Canada 800-325-5832 800-231-8327 Outside USA/Canada 314-771-5765 414-273-3850 NO STRUCTURE .......................... IDENTIFICATION ........................... PRODUCT#: 11110 NAME: ASBESTOS FIBRES CAS#: 1332-21-4 ADDITIONAL INFORMATION MAK VALUE (CH) 0.05 MG/M3 (1987) MAK VALUE (D) 0.02 MG/M3 (1988) THIS COMPOUND IS LISTED AS A CARCINOGEN OR POTENTIAL CARCINOGEN BY: NATIONAL TOXICOLOGY PROGRAM .......................... TOXICITY HAZARDS ........................... DATA NOT AVAILABLE ......................... HEALTH HAZARD DATA ..................-- CHRONIC EFFECTS OTHER HEALTH HAZARDS HARMFUL BY INHALATION AND IN CONTACT WITH SKIN. DANGER OF CUMULATIVE EFFECTS. MAY CAUSE CANCER. FIRST AID TAKE OFF IMMEDIATELY ALL CONTAMINATED CLOTHING. AFTER CONTACT WITH SKIN, WASH IMMEDIATELY WITH PLENTY OF SOAP AND WATER. BRB 0032 IN CASE OF CONTACT WITH EYES, RINSE IMMEDIATELY WITH PLENTY OF WATER AND SEEK MEDICAL ADVICE. IF NECESSARY ............................. PHYSICAL DATA ............................ SOLUBILITY: WATER-INSOLUBLE APPEARANCE AND ODOR FORM - FIBRES COLOR - LIGHT GREY ------------- FIRE AND EXPLOSION HAZARD DATA.............. UNUSUAL FIRE AND EXPLOSIONS HAZARDS HAZARDOUS POLYMERIZATION WILL NOT OCCUR. ADDITIONAL INFORMATION NONCOMBUSTIBLE. ........................... REACTIVITY DATA ........................... DATA NOT AVAILABLE ..................... SPILL OR LEAK PROCEDURES ................... STEPS TO BE TAKEN IF MATERIAL IS RELEASED OR SPILLED AVOID RAISING DUST. PLACE IN APPROPRIATE CONTAINER. WASH SPILL SITE WITH SOAP SOLUTION. FLUSH SPILL AREA WITH COPIOUS AMOUNTS OF WATER. WASTE DISPOSAL METHOD BURY IN A LANDFILL SITE APPROVED FOR THE DISPOSAL OF CHEMICAL AND HAZARDOUS WASTES. THIS MATERIAL AND ITS CONTAINER MUST BE DISPOSED OF IN A SAFE WAY. OBSERVE ALL FEDERAL, STATE, AND LOCAL LAWS. -- PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE -- WEAR DUST MASK. IN CASE OF INSUFFICIENT VENTILATION, WEAR SUITABLE RESPIRATORY EQUIPMENT. WEAR SUITABLE GLOVES. CHEMICAL SAFETY GOGGLES. WEAR SUITABLE PROTECTIVE CLOTHING. AVOID CONTACT WITH SKIN AND EYES. DO NOT BREATHE DUST. AVOID EXPOSURE- OBTAIN SPECIAL INSTRUCTIONS BEFORE USE. CONTAINER SHOULD BE OPENED ONLY BY A TECHNICALLY QUALIFIED PERSON. KEEP CONTAINER TIGHTLY CLOSED. USE ONLY IN WELL VENTILATED AREAS. REGULATORY INFORMATION TRANSPORT IMDG-CODE 9 2590 9 9 SWISS POISON LIST CLASSIFICATION: 1* --- ADDITIONAL PRECAUTIONS AND COMMENTS---------- ADDITIONAL INFORMATION TRK : 500'000 FIBERS/M3 OCCUPATIONAL EXPOSURE TO THE DUST CAN RESULT IN MESOTHELIOMA , SQUAMOUS CELL CARCINOMA AND ADENOCARCINOMA OF THE LUNG AFT ER A LONG LATENT PERIOD. THE ABOVE INFORMATION IS BELIEVED TO BE CORRECT BUT DOES NOT PURPORT TO BE ALL INCLUSIVE AND SHALL BE USED ONLY AS A GUIDE. SIGMA ALDRICH SHALL NOT BE HELD LIABLE FOR ANY DAMAGE RESULTING FROM HANDLING OR FROM CONTACT WITH THE ABOVE PRODUCT. SEE REVERSE SIDE OF INVOICE OR PACKING SUP FOR ADDITIONAL TERMS AND CONDITIONS OF SALE. BRB 0034 MATERIAL SAFETY DATA SHEET 0HS02110 JCCUF'ATIONAL HEALTH SERVICES, INC. 450 SEVENTH AVENUE, SUITE 2407 NEW YORK, NEW YORK 10123 (SOO) 445-MSDS (212) 967-1100 EMERGENCY CONTACT: JOHN S. BRANSFORD, JR. (615) 292- u SUBSTANCE IDENTIFICATION SUBSTANCE: ASBESTOS CAS-NUMBER 1332-21-4 RTEC-NUMBER Cl6475000 Received TRADE NAMES/SYNONYMS: JUN ; ? ;;.jj ASBESTOS FIBER: ASBESTOS FIBRE: CHRYSOTILE: CROCIDOLITE: ACTINQLITE: AMOSITE: ANTHQPHYLITE: TREMOLITE: CALIDREN - CALIDRIA R C 244: CHLOROBESTOS 25: FARM 410-120: FERODO C3C: 0HS02110 CHEMICAL FAMILY: FIBROUS SILICATES CERCLA RATINGS (SCALE 0-3): HEALTH=3 FIRE=0 REACTIVITY=0 PERSISTENCE=3 NFPA RATINGS (SCALE 0-4): HEALTH=3 FIRE=0 REACTIVITY=0 COMPONENTS AND CONTAMINANTS COMPONENT ASBESTOS FORMS MAY INCLUDE PERCENT: 100 COMPONENT AMOSITE CAS# 12172-73-5 COMPONENT ACTINQLITE CAS# 77536-66-4 COMPONENT ANTHQPHYLITE CAS# 77536-67-5 COMPONENT CHRYSOTILE CAS# 12001-29-5 COMPONENT CROCIDOLITE CAS# 12001-28-4 COMPONENT S# 77536-68-6 V- OTHER CONTiSefrNi^Rrest'-':NO! sjrflfs EXPOSURE LIlim^%-rffw.-?:, ASBESTOS: V- " `-w 0.2 FIBER 05.0* MICRONS IN LENGTH)/CC OSHA TWA (ALL FORMS) 1.0 FIBER 05.0 MICRONS IN LENGTH)/CC OSHA 30 MINUTE EXCURSION LIMIT (ALL FORMS) 0.5 FIBER 05.0 MICRONS IN LENGTH)/CC ACGIH TWA (AMOSITE); ACGIH A1-CONFIRMED HUMAN CARCINOGEN. 2.0 FIBERS 05.0 MICRONS IN LENGTH)/CC ACGIH TWA (CHRYSOTILE); ACGIH A1-CONFIRMED HUMAN CARCINOGEN. 0.2 FIBER 05.0 MICRONS IN LENGTH)/CC ACGIH TWA (CROCIDOLITE); ACGIH A1-CONFIRMER, HUMAN CARCINOGEN. 2.0 FIBERS 05.0 MICRONS IN LENGTH)'/CC ACGIH TWA (OTHER FORMS) ACGIH A1-CONFIRMED HUMAN CARCINOGEN. .. . 0.1 FIBER 05.0 MICRONS IN LENGTH)/CC NIOSH RECOMMENDED 8 HOUR TWA (ALL FORMS); BRB 0035 0.5 FIBER 05.0 MICRONS IN LENGTH)/CC NIOSH RECOMMENDED 15 MINUTE CEILING (ALL FORMS) 1 POUND CERCLA SECTION 103 REPORTABLE QUANTITY SUBJECT TO SARA SECTION 313 ANNUAL TOXIC CHEMICAL RELEASE REPORTING SUBJECT TO CALIFORNIA PROPOSITION 65 CANCER AND/OR REPRODUCTIVE TOXICIT: WARNING AND RELEASE REQUIREMENTS- (FEBRUARY 27, 1987) PHYSICAL DATA DESCRIPTION: COLOR AND COMPOSITION VARY WITH TYPE OF ASBESTOS AND AREA - MINED: MAY BE WHITE, BROWN, OR BLUE FINE, SLENDER, FLAXY FIBERS.. BOILING POINT: 4046 F (2230 C) MELTING POINT: 3134 F (1723 C) SPECIFIC GRAVITY: 2.5 SOLUBILITY IN WATER: INSOLUBLE FIRE AND EXPLOSION DATA FIRE AND EXPLOSION HAZARD .... . 'ELIGIBLE FIRE HAZARD WHEN EXPOSED TO HEAT OR FLAME. FIREFIGHTING MEDIA: DRY CHEMICAL, CARBON DIOXIDE, HALON, WATER SPRAY OR STANDARD FOAM (1987 EMERGENCY RESPONSE GUIDEBOOK, DOT P 5800.4). FOR LARGER FIRES, USE WATER SPRAY, FOG OR STANDARD FOAM (1987 EMERGENCY RESPONSE GUIDEBOOK, DOT P 5800.4). FIREFIGHTING: NO ACUTE HAZARD. MOVE CONTAINER FROM FIRE AREA IF POSSIBLE. AVOID BREATHING VAPORS OR DUSTS; KEEP UPWIND. \ TRANSPORTATION DEPARTMENT OF TRANSPORTATION HAZARD CLASSIFICATION 49CFR172.101: ORM-C DEPARTMENT OF TRANSPORTATION LABELING REQUIREMENTS 49CFR172.101 AND SL:-~~ NONE DEPARTMENT OF TRANSPORTATION PACKAGING REQUIREMENTS: 49CFR173.1090 EXCEPTIONS: 49CFR173.1090 TOXICITY BRB 0036 a: m 1 ASBESTOS: .2 FIBERS/CC/19 YEARS CONTINUOUS INHALATION-HUMAN TCLO; MUTAGENIC DAI- (RTECS); TUMORIGENIC DATA (RTECS). ACTINOLITE. AMOSITE: MUTAGENIC DATA (RTECS); TUMORIGENIC DATA (RTECS),, ANTHOPHYLITE: MUTAGENIC DATA (RTECS); TUMORIGENIC DATA (RTECS). CHRYSOTILE: 2.8 FIBERS/CC/5 YEARS INHALATION-HUMAN TCLO; 300 MG/KG INTRAPERITONEAL--RAT LDLO; MUTAGENIC DATA (RTECS); TUMORIGENIC DATA ;R"0 CROCIDOLITE: 300 MG/KG INTRAPERITONEAL-RAT MUTAGENIC DATA (RTECS); TUMOR DATA (RTECS). TREMOLITE: TUMORIGENIC DATA (RTECS). CARCINOGEN STATUS: OSHA CARCINOGEN; KNOWN HUMAN CARCINOGEN (NTP); HUMAN SUFFICIENT EVIDENCE, ANIMAL SUFFICIENT EVIDENCE (IARC CLASS-1). OCCUPATIONAL EXPOSURE TO CHRYSOTILE, AMOSITE, MIXTURES CONTAINING CROCI-Di AND OTHER FORMS OF ASBESTOS HAS RESULTED IN A HIGH INCIDENCE OF LUNG CAN; AND PLEURAL AND PERITONEAL MESOTHELIOMAS. GASTROINTESTINAL CANCERS WERE INCREASED IN WORKERS EXPOSED TO AMOSITE, CHRYSOTILE, DR MIXED FIBERS CONTAINING CROCIDOLITE. AN EXCESS OF LARYNGEAL CANCER HAS ALSO BEEN REPO ASBESTOS IS AN EYE, SKIN, AND MUCOUS MEMBRANE IRRITANT. SMOKING ENHAMC THE RISK OF LUNG CANCER FROM EXPOSURE. HEALTH EFFECTS AND FIRST AID NHALATION: . .SBESTOS: IRRITANT/CARCINOGEN. ACUTE EXPOSURE- MAY CAUSE ACUTE IRRITATION AND COUGHING. CHRONIC EXPOSURE- PROLONGED INTENSE EXPOSURE MAY CAUSE ASBESTOS IS, AN INTERSTITIAL FIBROSIS OF LUNG TISSUE WHICH MAY DEVELOP FULLY WITHIN 7-9 YEARS, BUT ONSET IS TYPICALLY DELAYED 20-40 YEARS AFTER FIRST EXPOSURE. FATAL EXPOSURE MAY BE AS BRIEF AS 3 MONTHS DURING CHILDHOOD. THE INITIAL SYMPTOM IS A PROGRESSIVE EXERTIONAL DYSPNEA, FOLLOWED BY A DRY COUGH AND EXPECTORATION, CHEST PAIN, DECREASED VITAL CAPACITY, TACHYPNEA, PERSISTED DRY RALES, CYANOSIS, CLUBBING OF THE FINGERS AND TOES, ANOREXIA, WEAKNESS. AND WEIGHT LOSS. RADIOLOGIC STUDIES MAY SHOW A DIFFUSE INCREASE IN LUNG DENSITY AND PLEURAL CALCIFICATION. SPONTANEOUS PLEURAL EFFUSION HAS OCCURRED IN ASBESTOS-EXPOSED WORKERS AS EARLY AS 3-4 YEARS AFTER INITIAL EXPOSURE. ASBESTOS, WORKERS SHOW AN INCREASE IN PLEURAL AND PERITONEAL MESOTHELIOMAS,^ BRONCKdGENIC CARCINOMA, LUNG CANCER, CANCERS OF THE GASTROINTESTINAL TRACT-INCLUDING THE ESOPHAGUS, STOMACH, COLON, AND RECTUM, AND CANCER OF\THE LARYNX. MESOTHELIAL TUMORS ARE CHARACTER]IE' BY BLOODY EFFUSION WITH PAIN, DYSPNEA, COUGH, WEIGHT LOSS, FATIGUE, HYPONATREMIA,'AND DEATHr THE LATENT PERIOD FOR MESOTHELIOMA IS 3.5-Vi YEARS; FOR LUNG CANCER, 15-30 YEARS. THE INCIDENCE OF LUNG CANCER AND PULMONARY FIBROSIS IN ASBESTOS-EXPOSED WORKERS IS INCREASED BY CIGARRLrrSMOKING. FIRST AID- REMOVE FROM EXPOSURE AREA TO FRESH AIR IMMEDIATELY. IF BRFaY1.': HAS STOPPED, PERFORM ARTIFICIAL RESPIRATION. KEEP PERSON WARM AND AT -lTT TREAT SYMPTOMATICALLY AND SUF'PORTIVELY. GET MEDICAL ATTENTION IMMEDIATE.. SKIN CONTACT: ASBESTOS: ACUTE EXPOSURE- DIRECT CONTACT MAY CAUSE IRRITATION. ASBESTOS FIBER'.PENETRATE THE SKIN AND RESULT IN "ASBESTOS CORNS", DUE TO THICKFi i : THE SKIN AROUND THE IMPLANTED FIBER. THESE USUALLY--.OCCUR ON THE-....... BRB 0037 AND FOREARMS. THESE CORNS DO NOT LEAD REMOVAL OF THE FIBERS. CHRONIC EXPOSURE- REPEATED OR PROLONGED EFFECTS AS IN ACUTE EXPOSURE. TO SKIN TUMORS AND DISAPPEAR CONTACT MAY CAUSE DERMATITIS AA FIRST AID- REMOVE CONTAMINATED CLOTHING AND SHOES IMMEDIATELY. WASH AFFEC'ET AREA WITH SOAP OR MILD DETERGENT AND LARGE AMOUNTS OF WATER UNTIL NO EVIDENCE OF CHEMICAL REMAINS (APPROXIMATELY 15-20 MINUTES). GET MEDICAL ATTENTION IMMEDIATELY. EYE CONTACT: ASBESTOS: ACUTE EXPOSURE- DIRECT CONTACT MAY CAUSE IRRITATION WITH REDNESS DUE TO MECHANICAL ACTION. CHRONIC EXPOSURE- REPEATED OR PROLONGED EXPOSURE MAY CAUSE CONJUNCTIVITIS. FIRST AID- WASH EYES IMMEDIATELY WITH LARGE AMOUNTS OF WATER OR NORMAL SAL IN OCCASIONALLY LIFTING UPPER AND LOWER LIDS, UNTIL NO EVIDENCE OF CHEMICAL REMAINS (APPROXIMATELY 15-20 MINUTES). GET MEDICAL ATTENTION IMMEDIATELY. INGESTION: ASBESTOS; ACUTE EXPOSURE- INGESTION MAY CAUSE GASTROINTESTINAL IRRITATION. CHRONIC EXPOSURE- REPEATED OR PROLONGED INGESTION OF ASBESTOS FIBERS MAY B INVOLVED IN CANCERS OF THE BUCCAL CAVITY AND PHARYNX, ESOPHAGUS,. STOMACH COLON, AND RECTUM. INGESTION OF ASBESTOS-CONTAMINATED RICE HAS BEEN SUGGESTED AS THE CAUSE FOR A HIGH INCIDENCE OF STOMACH CANCER IN JAPAN. FIRST AID- REMOVE BY GASTRIC LAVAGE OR EMESIS. MAINTAIN BLOOD PRESSURE AND AIRWAY. GIVE OXYGEN IF RESPIRATION IS DEPRESSED. DO NOT PERFORM GASTRIC LAVAGE OR EMESIS IF VICTIM IS UNCONSCIOUS. GET MEDICAL ATTENTION IMMEDIATELY. (DREISBACH, HANDBOOK OF POISONING, 11TH ED.) ADMINISTRATION OF GASTRIC LAVAGE OR OXYGEN SHOULD BE PERFORMED BY QUALIFIED MEDICAL PERSONNEL. ANTIDOTE: NO SPECIFIC ANTIDOTE. TREAT SYMPTOMATICALLY AND SUPPORTIVELY. REACTIVITY SECTION REACTIVITY: * > STABLE UNDER NORMAL TEMPERATURES AND PRESSURES. INCOMPATIBILITIES: ASBESTOS: TRI-N-BROMOMELAMINE: EXPLOSIVE REACTION. SODIUM HYDROXIDE: POSSIBLE EXPLOSION. CARBON TETRACHLORIDE: .FORMATION OF EXPLOSIVE DI- AND TRI-CHLOROBUTYLENf EPOXIDE. CHLOROSULFONIC ACID: EXOTHERMIC REACTION. NITRIC ACID: EXOTHERMIC REACTION. OLEUM:EXOTHERMIC REACTION. SULFURIC ACID: EXOTHERMIC REACTION. OXIDIZING MATERIALS: VIGOROUS REACTION. PHOSPHORUS TRICHLORIDE: PREPARATORY HAZARD (EXPLOSIVE) WHILE DISTNi CARBON DIOXIDE STREAM. BRB 0038 IC0MP03ITION: iHERMAL DECOMPOSITION MAY RELEASE ACRID SMOKE AND IRRITATING FUMES. POLYMERIZATION: HAZARDOUS POLYMERIZATION HAS NOT BEEN REPORTED TO OCCUR UNDER NORMAL TEMPERATURES AND PRESSURES. '-*$81 % STORAGE-DISPOSAL OBSERVE ALL FEDERAL, STATE AND LOCAL REGULATIONS WHEN STORING OR DISPOSING OF THIS SUBSTANCE. FOR ASSISTANCE, CONTACT THE DISTRICT DIRECTOR OF THE ENVIRONMENTAL PROTECTION AGENCY. STORAGE** ASBESTOS WASTE, SCRAP, DEBRIS, BAGS, CONTAINERS, EQUIPMENT, AND ASBESTOS-CONTAMINATED CLOTHING, CONSIGNED FOR DISPOSAL, WHICH MAY PRODUCE IN ANY REASONABLY FORESEEABLE USE, HANDLING, STORAGE, PROCESSING, DISPOSAL, OR TRANSPORTATION AIRBORNE CONCENTRATIONS OF ASBESTOS FIBERS IN EXCESS OF THE EXPOSURE LIMITS PRESCRIBED SHALL BE COLLECTED AND DISPOSED OF IN SEALED IMPERMEABLE BAGS, OR OTHER CLOSED, IMPERMEABLE CONTAINERS. CONDITIONS TO AVOID ASBESTOS SHALL BE HANDLED, MIXED, APPLIED, REMOVED, CUT, SCORED, OR OTHERWISE WORKED IN A WET STATE SUFFICIENT TO PREVENT THE EMISSION OF AIRBORNE FIBERS IN EXCESS OF THE EXPOSURE LIMITS. 29CFR 1910.1001 (C) (2) SPILLS AND LEAKS WATER-SPILL: THE CALIFORNIA SAFE DRINKING WATER AND TOXIC (PROPOSITION 65) PROHIBIT^ CONTAMINATING ANY WITH SUBSTANCES KNOWN TO CAUSE CANCER AND/OR ENFORCEMENT ACT OF 1986 KNOWN SOURCE OF DRINKING REPRODUCTIVE TOXICITY. WATER OCCUPATIONAL-SPILL: ' ADEQUATELY WET OR MI X WITH WATER TO FORM A SLURRY. SEAL MATERIAL IN A LEAK-TIGHT CONTAINER WHILE WET. LABEL CONTAINERS AS SPECIFIED IN 29CFR 1910.1001. REPORTABLE QUANTITY (RQ): 1 POUND E SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) SECTION 304 REC"j i -F - iHAT A RELEASE EQUAL TO OR GREATER THAN THE REPORTABLE QUANTITY FOR TH!, SUBSTANCE BE IMMEDIATELY REPORTED TO THE LOCAL EMERGENCY PLANNING COMMI'Tf;, AND THE STATE EMERGENCY RESPONSE COMMISSION (40 CFR 355.40). IF THE RELI THIS SUBSTANCE IS REPORTABLE UNDER CERCLA SECTION 103, THE NATIONAL '-Er- CENTER MUST BE NOTIFIED IMMEDIATELY AT (900) 424-8302 OR (202) 426-26 ` METROPOLITAN WASHINGTON, D.C. AREA (40 CFR 302.6). BRB 0039 PROTECTIVE EQUIPMENT SECTION VENTILATION: PROVIDE LOCAL EXHAUST OR PROCESS ENCLOSURE VENTILATION TO MEET PUBLISHED EXPOSURE LIMITS. ASBESTOS: VENTILATION SHOULD MEET THE REQUIREMENTS IN 29CFR1910.1001<F>. RESPIRATOR: THE FOLLOWING RESPIRATORS ARE THE MINIMUM LEGAL REQUIREMENTS AS SET FORTH BY THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION FOUND IN 29 CFPi9iO. SUBPART Z. REQUIRED RESPIRATORS FOR ASBESTOS AIRBORNE CONCENTRATION (TWA): REQUIRED RESPIRATOR: NOT IN EXCESS OF 2 FIBERS/CC HALF-MASK AIR-PURIFYING RESPIRATOR EGUIF'P WITH HIGH EFFICIENCY FILTERS. NOT IN EXCESS OF 10 FIBERS/CC FULL FACEPIECE AIR-PURIFYING RESPIRATOR EQUIPPED WITH HIGH EFFICIENCY FILTERS. ;T IN EXCESS OF 20 FIBERS/CC ANY POWERED AIR-PURIFYING RESPIRATOR EQUIPPED WITH HIGH-EFFICIENCY FILTERS. ANY SUPPLIED-AIR RESPIRATOR OPERATED IN CONTINUOUS FLOW MODE. NOT IN EXCESS OF 200 FIBER FULL FACEPIECE SUPPLIED-AIR RESPIRATOR OPERATED IN PRESSURE DEMAND MODE. GREATER THAN 200 FIBERS/CC FULL FACEPIECE SUPPLIEDr-AIR RESPIRATOR OR UNKNOWN CONCENTRATION. OPERATED IN PRESSURE DEMAND MODE AND EQUIPPED WITH AN AUXILIARY POSITIVE PRESSURE SELF-CONTANIED BREATHING APPARATUS. NOTE: RESPIRATORS ASSIGNED FOR HIGHER ENVIRONMENTAL CONCENTRATIONS MAY BE USED AT LOWER CONCENTRATIONS. if-' ' THE FOLLOWING RESP^RAtORS%AND MAXIMUM USE CONCENTRATIONS ARE RECOMMENDATION BY THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, NIOSH POCKET GUIDE TO CHEMICAL HAZARDS OR NIOSR"CRITERIA DOCUMENTS; OR DEPARTMENT OF LABOR. 29CFR1910 SUBPART Z. ' " v THE SPECIFIC RESPIRATOR SELECTED MUST BE BASED ON CONTAMINATION LEVELS eow IN THE WORK PLACE AND BE JOINTLY APPROVED BY THE NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH AND THE MINE SAFETY AND HEALTH ADMINISTRATID ASBESTOS: ANY DETECTABLE CONCENTRATION: ANY SUPPLIED-AIR RESPIRATOR WITH A FULL FACEPIECE AND OPERATED TU PRESSURE-DEMAND OR OTHER POSITIVE PRESSURE MODE IN COMBINATION AN AUXILIARY SELF-CONTAINED BREATHING APPARATUS OPERATED ID PRESSURE-DEMAND OR OTHER POSITIVE PRESSURE MODE. ANY SELF-CONTAINED BREATHING APPARATUS WITH FULL FACEPIECE AH' BRB 0040 % ' OPERATED IN A PRESSURE-DEMAND OR OTHER POSITIVE PRESSURE MODE - -SCAPE- ANY AIR-PURIFYING FULL FACEPIECE RESPIRATOR WITH A HIGH-EFFICIF.NC'r PARTICULATE FILTER. ANY APPROPRIATE ESCAPE-TYPE SELF-CONTAINED BREATHING APPARATUS: FOR FIREFIGHTING AND OTHER IMMEDIATELY DANGEROUS TO LIFE OR HEALTH CONDITIONS: SELF-CONTAINED BREATHING APPARATUS WITH FULL FACEPIECE OPERATED IN PRESSURE DEMAND OR OTHER POSITIVE PRESSURE MODE. SUF'PLIED-AIR RESPIRATOR WITH FULL FACEPIECE AND OPERATED IN PRESSURE-DEMAND OR OTHER POSITIVE PRESSURE MODE IN COMBINATION WITH AN AUXILIARY SELF-CONTAINED BREATHING APPARATUS OPERATED IN PRESSURE-DEMAND OR OTHER POSITIVE PRESSURE MODE. CLOTHING: EMPLOYEE MUST WEAR APPROPRIATE PROTECTIVE (IMPERVIOUS) CLOTHING AND EQUIPMENT TO PREVENT REPEATED OR PROLONGED SKIN CONTACT WITH THIS SUBSTANCE. ASBESTOS: PROTECTIVE CLOTHING SHOULD MEET THE REQUIREMENTS FOR PROTECTIVE WORK CLOTHING AND EQUIPMENT IN 29CFR1910.1001(H). GLOVES: , ., . 'MPLOYEE MUST WEAR APPROPRIATE PROTECTIVE GLOVES TO PREVENT CONTACT WITH THIS JBSTANCE. ASBESTOS: PROTECTIVE GLOVES SHOULD MEET THE REQUIREMENTS FOR PROTECTIVE WORK CLOTHING AND EQUIPMENT IN 29CFR1910.1001<H) AND 29CFR1910.1101<D). EYE PROTECTION: EMPLOYEE MUST WEAR SPLASH-PROOF OR DUST-RESISTANT SAFETY GOGGLES TO PREVENT EYE CONTACT.WITH THIS SUBSTANCE. CONTACT LENSES SHOULD NOT BE WORN. ASBESTOS: PROTECTIVE EYE EQUIPMENT SHOULD MEET THE REQUIREMENTS FOR PROTECTIVE WORK CLOTHING AND EQUIPMENT IN 29CFR1910.1001(H>. AUTHORIZEDvBY- OCCUPATIONAL HEALTH SERVICES, INC. CREATION DATE 02/08/85 REVISION DATE: 04/12/89 BRB 0041 \ i -j 7 MR -a O e t 30 FROM MANU I l_ L_ E MSG receive MAY 41988 r *= g e . o o -J MATERIAL SAFETY DATA S^E^ CNTR NFPA FIRE HAZARD SYMBOLt 8m NFPA 704 lor diuf(d KpUnation. Noa 3141 Rev. No.: 2 Data Prepared: 04/07/87 1; . . . "/..Y. Trade Namelsl ^RANSITE^CORt PLATES^ Generic Name: ASBESTOS CEMENT 'BOARD Chemical Name: I- PRODUCT IDENTIFICATION ' : CAS #\ NA Formula: MIXTURE Manufacturer: MANVILLE SPECIALTY PRODUCTS GROUP Address: P.0. BOX 5108 City: OENVER State: CO Zip: 80217 Telephone: (303)878-3120 Emergency: & i INGREDIENT NAME CHRYSOTILE ASBESTOS FIBER PORTLAND CEMENT SILICA FLOUR CUTTING. DRILLING. OR OTHERWISE ABRADING THIS PRODUCT WILL RELEASE ASBESTOS FIBER - SEE HEALTH HAZARD INFORMATION BELOW. CAS NUM8ER 1332-21-4 65937-15-1 7631-86-9 fc-- * % 55 25 24 :-;sPEL and TLV (except as noted) 2 f/CC 5 ntg/m * (RESPIRABLE DUST) -'V pwysic^*j^;|s Appearance and Odor SOLID GRAY SHEET - NO. ODOR.. if < .-. i Boiling Point Vapor Pressure: Water Solubility <%) : Vapor Density (Alr=1) : NA NA NEGLIGIBLE NA Evaporation Rate (NA Specific Gravity (water -- Melting Point NA . % Volatile by Volume: 0 II: = 1 ) : na 1.6 i > . V -- .. ~ ' - " ,y ' IV. HRE. ANO<XPUOStON.PATAy-- < , ->>4 ', ? . ___________ : Flash Point (Method) : NONFLAMMABLE Flammable Limits: LEL: na % Extinguishing Media: NA UEL* NA Unusual Fire or Explosion Hazards: NONE % NFPA Flammable/Combustlble Liquid Classification: na Auto-Ignition Temperature: NA Special Fire-Fighting Procedures: NONE 1 .` ^ V,, HEALTO -HAZARDS.: ; Sumthary/Risks, -* I Summary: EXCESSIVE EXPOSURE TO HIGH CONCENTRATIONS OF AIRBORNE ASBESTOS FIBERS CAN CAUSE CHRONIC PULMONARY DISEASE. THIS PRODUCT IS CONSIDERED A KNOWN HUMAN CARCINOGEN BY NTP, IARC AND OSHA. Medical conditions which may be aggravated: PRE-EXISTING UPPER RESPIRATORY ANO LUNG DISEASE SUCH AS BUT I NOT LIMITED TO BRONCHITIS. EMPHYSEMA, ANO ASTHMA. Target Organist : RESPIRATORY AND PULMONARY SYSTEM. Acute Health Effects: THERE ARE NO. ACUTE SIGNS OR SYMPTOMS ASSOCIATED WITH ASBESTOS. I i Chronic He*Ith Effects: THE DISEASE ASSOCIATED WITH OVEREXPOSURE ARE CHRONIC, GENERALLY TAKINC .-ROM >C TO 40 YEARS TO BECOME APPARENT. Primary Entry Route(s) : INHALATION. BRB 0042 MAY A '00 0=39 FROM f~1 <=* M U I l_ L, E WSE POGE . O O S TRANSITE CORE PLATE MSDS: 3141 Rev; 2 /Pago 2 - V; HEALTH HAZARDS,/ B. Signs/Symptoms of Overexposure 9 : : ; 1 -- Inhalation: EXCESSIVE EXPOSURE TO HIGH CONCENTRATIONS OF AIRBORNE ASBESTOS FIBER JAN CAUSE CHRONIC PULMONARY DISEASE AND CANCER. Skin Contact FIBERS CAN BECOME IMBEDDED IN SKIN AND IN SOME CASES RESULT IN ASBE5T0S "CORNS*. Skin Absorption: NONE i 1 ! j [ Ingestion: CURRENT STUDIES ESTABLISH NO RELATIONSHIP BETWEEN GI OISEASES AND THE INGESTION OF ASBESTOS FIBERS AS CURRENTLY FOUND IN ENVIRONMENT AND OCCUPATIONAL SETTINGS. Eyes: AS WITH ANY DUST. EXCESSIVE EXPOSURES CAN CAUSE TRANSIENT EXPOSURE. ! .tv:/!::'? v' *0.' V- HEALTH HAZARDS inhalation: REMOVE TO FRESH AIR. ptrst Aid/Emergency Procedures: a : Skin Contact WASH OR SHOWER THOROUGHLY USING SOAP AND WARM WATER. Skin Absorption: NA Ingestion: NA Eyes: FLUSH WITH COPIOUS QUANTITIES OF WATER. ... < MATERIAL IS STABLE. Chemical Incompatibilities: NONE known Conditions to Avoid: NONE IN DESIGNEO USE. ::yL;;BEACTMTy;qAT7V;?^^ HAZARDOUS POLYMERIZATION CANNOT OCCUR. Hazardous Decomposition Products: NONE ViL' SW^i<OH ?tiAKJ PROCEDOtttS/'-' Procedures for Splil/Leak: VACUUM CLEAN SPILLAGE AND DUST CREATED DURING FABRICATION. IF SWEEPING IS NECESSAARY VET DOWN SPILLAGE. USE RESPIRATORY PROTECTION AS REQUIRED. Waste Management DUST OR SCRAP CREATED DURING FABRICATION OR DEMOLITION MUST BE DISPOSED ACCORDING TO NESHAP (40 CFR 61. SUBPART M). STATE AND LOCAL REGULATIONS MAY ALSO APPLY. .vw,,-.of . v VsJ.SWfc: A- K * > .J-,'JA-. ^nL^PECM;iPRpipCpQN;.INE0RMATK3N Goggles: RECOMMENDED WHEN USING POWER CUTTING TOOLS. Gloves: NOT NORMALLY REQUIRED. Respirator. USE APPROVED RESPIRATOR, SUCH AS 3M MODEL 9900 OR EQUIVALENT FOR PROTECTION AGAINST PNEUMOCONIOSIS PRODUCING DUST. Ventilation: CONTROL WITH MECHANICAL DUST COLLECTION EQUIPMENT TO WITHIN TLV. (SEE AMERICAN NATIONAL STANDARDS INSTITUTE BOOKLET. 29.2, 1971). Other. USE SPECIAL CLOTHING AS REOUIRED BY OSHA STANDARD FOR EXPOSURE TO ASBESTOS DUST 29 CFR 1910. 1001(d). Special Considerations for repair/meifttenance of contaminated equipment USE ALL PROPER PROTECTIVE EQUIPMENT WHEN POSSIBILITY OF EXPOSURE TO ASBESTOS DUSTS EXISTS. Vs gJXS&PECiAI&f>RECAUT!ON$ <. Storage Segregation Hazard Classes: CARCINOGEN. ** ALWAYS SEGREGATE MATERIALS BY MAJOR HAZARD CLASS ** Special Handling/Storage: STORE FLAT. Other: SMOKING GREATLY INCREASES THE CHANCE FOR ASBESTOS-RELATED LUNG DISEASE. IF YOU WORK WITH ASBESTOS DO NOT SMOKE. Prepared/Revised by: KENNETH A. ROBERTS Title: manager, PRODUCT SAFETY As of the cate of preparation of this document, the (oregoing information is believed to be accurate and is rrcvnjed in | good faith to comply with applicable federal and state lawts). However, no warranty or representation with respect tp suer, i '} S> MflNU!LUE HSE KLLC.IVC.U MAY -^-t988-- MlnvilleS"1MATERIAL SAFETY DATA SDS CENTR No- 1108 Rev. No-' 2 Date Ravi sad: 04/07/86 MFPA FIR1 HAZARD AYMBOCt Ml NFPA 704 ter OdUUae eaplanatlon. - -___________________________________ l PRODUCT IDENTIFICATION : *%:' Trade Namels) TTRANS ITE3l7<^*Generic Name: CALCIUM SILICATE BOARD Chemical Name: MIXTURE CAS #: NONE ASSIGNED Formula: MIXTURE Manufacturer MANVILLE BUILDING MATERIALS CORP. Address: P.0. BOX BIOS City: DENVER State: CO Zip: 80217 Telephonr. (303)978-3120 Emergency: INGREDIENT NAME CALCIUM SILICATE CALCIUM SILICATE REINFORCING FILLER MANMADE ORGANIC FIBER NATURAL ORGANIC FIBER THIS PRODUCT TYPICALLY CONTAINS UP TO 3.0% QUARTZ. THE PEL IS CALCULATED ON THIS BASIS. CAS NUMBER 1344-95-2 1010t-39-0 9002-88-4 65996-61-4 ^EL and TLV % (except as noted) 65-7! 15-2! 4-6 4-6 REF: 1910.1000 TABLE Z3 10 mg/M> --------------------- . c:_ %S10i +2 RESPIRABLE OUARTZ (OSHA) BASED ON 3.0% RESPIRABLE QUARTZ THE. P.EL.* 2.0 ir.g/M> - - . ,IIL , RHYSICALlPATA Appearance and Odor GRAY SHEET - NO ODOR. Boiling Point Vapor Pressure: Water Solubility B6I : Vapor Density (Airs II : NA NA NIL NA v , ,- Evaporation Rate ( = 1 ) : na Specific Gravity (water = 1 ) : i . 5 Melting Point NA K Volatile by Volume: 0 >, > '1'.' n"ipty Flash Point (Method) : NONFLAMMABLE Flammable Limits: LEL: NA % UEU NA Extinguishing Media: NA Unusual Fire or Explosion Hazards: NONE % Special Fire-Fighting Procedures: NONE ' NFPA Flammable/Combustible Liquid Classification: na Auto-Ignltlon Temperature: NA * ,, V > -- < Vt' HEALTH HAZARDS s> A. Summaryfflltfcs > Summary. OUST CREATED DURING FABRICATION TYPICALLY CONTAINS <3.0% RESPIRABLE QUARTZ. STUDIES USING TYPICAL WORK PRACTICES DEMONSTRATE NO RESPIRABLE QUARTS LEVEL ABOVE 2.0 mg/M>. THIS PRODUCT IS NOT CONSIDERED A CARCINOGEN BY NTP. IARC ANO OSHA. Medical conditions which may be aggravated: PRE-EXISTING UPPER RESPIRATORY AND LUNG DISEASE SUCH AS, BUT NOT LIMITED TO BRONCHITIS. EMPHYSEMA AND ASTHMA. Target Organic! : EYES AND RESPIRATORY SYSTEM. Acute Health Effects: NO KNOWN ACUTE HEALTH HAZARDS. ii Chronic Health Effects: FAILURE TO FOLLOW SAFE HANDLING PRACTICES WHEN FABRICATING. INSTALLING OR DISMANTLING THIS PRODUCT CAN GENERATE FREE CRYSTALLINE SILICA DUST ABOVE THE PEL. LONG TERM, UNPROTECTED EXPOSURES TO LEVELSA80VE THE PEL MAY CAUSE LUNG DISEASE (SILICOSIS). Primary Entry floute(s) : INHALATION. tceeyrigni 190C. l.at onel Ffre Protection Alice.. Quincy. UA C::SS. Thlc reprinted materiel ta net Una compl.t. and dlfidiet poettion dt trip NPPA on fa i. fi'caa auciac. BRB 0044 V -a es e t a e FROM MftNUILLE MSE F G E . O Q 3 TRANSITE 11 MSDS: 1106 Rev. 2 /Page 2 | _' '"V.- HEALTH>HAZABDS, B. iSigns/Symptoms :of .Overexposure Inhalation: CONGESTION & IRRITATION OF THE THROAT.NASAL PASSAGES & UPPER RESPIRATORY SYSTEM. Skin Contact NONE Skin Absorption: NONE , Ingestion: NONE Eyes: TEMPORARY IRRITATION OR INFLAMMATION. ' ' .. . ,v V. HEALTH..HAZARDS . C. first Ald/EniergeneysProeedure* Inhalation: REMOVE TO FRESH AIR. Skin Contact NA Skin Absorption: NA Ingestion: NA Eyes: FLUSH WITH COPIOUS QUANTITIES OF WATER. .V- VL REACTIVITY: DATA ,' MATERIAL IS STABLE. Chemical Incompatibilities: STRONG ACIDS. Conditions to Avoid: NONE IN DESIGNED USE. HAZARDOUS POLYMERIZATION CANNOT OCCUR., Hazardous Decomposition Products: NONE A:': j ..j , Sr.-: M; :0EAK*jffGEOURESr^^ ; j vi j Procedures for Splll/Leak: VACUUM DUST CREATED DURING FABRICATION. SUPPRESSANT. IF SWEEPING IS NECESSARY USE A DUST Waste Management WASTES GENERATED DURING FABRICATION, DEMOLITION OR BREAKAGE ARE NOT HAZARODUS WASTES AS DEFINED BY RCRA (40 CFR PART261). COMPLY WITH FEDERAL.STATE & LOCAL REGULATIONS. METHOD OF DISPOSAL - LANDFILL. RQ - NA. ... ,-s.'*:,: X ,, VHL,SPS31AV ^OTECTJQNiJNfpRMATiOti - , * ' i Goggles: GOGGLES OR FACE SHIELD SHOULD BE USED DURING CUTTING, MILLING OR ABRAIDING. -- Gloves: NOT NORMALLY REOUIRED. Respirator: USE A RESPIRATOR SUCH AS 3M 8900 OR EQUIVALENT FOR PROTECTION AGAINST PNEUMOCONIOSIS PRODUCING DUST. Ventilation: USE SUFFICIENT NATURAL OR MECHANICAL VENTILATION TO MAINTAIN DUST CONCENTRATIONS BELOW PEL (TLV). Other MAINTAIN GOOD HOUSEKEEPING PRACTICES TO INSURE MINIMUM DUST LEVELS. Special Considerations for repair/maintenance of contaminated equipment USE RESPIRATORY PROTECTION IF IT IS NECESSARY TO CUT OR ABRADE MATERIAL. \ ;;C;VV< Vlv.j. ' * ' .** SPECIAL PRECAUTIONS'. ^ Storage Segregation Hazard Classes: NA ALWAYS SEGREGATE MATERIALS BY MAJOR HAZARD CLASS * Special Handling/Storage: Spaclal Workplace Engineering Control*: POWER CUTTING EQUIPMENT SHOULD BE EOUIPPEO for oust COLLECTION. Other: Prepared/nevised by: KENNETH A. ROBERTS Title: MGR.. ENVIRONMENTAL SERVICE: i I As of the d:te of preparation of this decuman'.. the foregoing information is believed to be accurate and is r'cviaed in good faith tc comply with applicable federal and state lawis). However, no warranty or representation with respect to such information is intended or given. msoj f=*v C2/C3re6 BRB 0045 T IE R ONE T IE R TWO BRB 0046 Federal Register / Vul. 52, No. 199 / Thursday. October 15, 19U7 / Rules and Regulations______ 36367 Page of pages Form Approved OMB No. 2050-0072 m cxr Delayed (Chronic | m rro Certification (Read and sign after completing alt sections) l certify under penalty of law that t have personalty examined end am lamihar with the Information submitted In this and atl attached documents, and that bated on my Inquiry of those Individuals responsible for obtaining the information. | believe that the submitted Information is trua. accurate and complete i___________________________________________________ Name and otficlat title of owner/operator OR owner/operator's authorized represemative Signature ___________________________ Oate *-$n*d * Reporting Range Ranges Value 00 01 02 03 04 05 06 07 08 09 10 Weight Range In Pounds From... To... 0 too 1000 10.000 100,000 1.000.000 10.000.000 50.000.000 100.000.000 500.000.000 1 billion 99 999 9.999 99.999 999.999 9.999.999 49 999.999 99.999.999 499.999.999 999.999.999 higher than 1 billion BRB 0047 38368 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations TER ONE INSTRUCTIONS GENERAL INFORMATION Submission el thl* form It required by Title 111 ol the Buporfund Amendments and Raaulhorlzallon Acl ol 1988, Saellon 312, Public Law 99-499. The purpose of thle form I* to provide State and local officials and the public with Information on the general types and locations of hazardous chemicals present at your facBty during the past year. YOU MUST PROVIDE ALL INFORMATION REQUESTED ON THIS FORM. You may substitute the Tier Two form for this Tier One form. (The Tier Two form provides detailed Information and must be submitted In response to a specific request from State or local officials.) WHO MUST SUBMIT THIS FORM Section 312 of Title III requires that the owner or opera tor of a faculty submit this form If, under regulations Implementtng the Occupational Salety and Health Act of 1970, the owner or operator Is required to prepare or have available Material Safety Data Sheets (MSDS| for hazardous chemicals present at the faculty. MSDS re quirements are specified In the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard, found In Title 29 of the Code of Federal Regu lations at $1910.1200. WHAT CHEMICALB ARE INCLUDED You must report the Information required on this form for every hazardous chemical for which you are required to prepare or have available an MSDS under the Hazard Communication Standard. However, OSHA regulations and Title 111 exempt some chemicals from reporting. Section 1910.1200(b) of the OSHA regulations currently provides the following exemptions: (I) Any hazardous waste as such term Is defined by the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 et eeq.| when subject to regulations Is sued under that Act: (8) Tobacco or tobacco products; (Id) Wood or wood products: (Iv) Articles-- defined under 1910.1200 (b) as a manufactured Hem; e Which Is formed to a specific shape or design during manufacture; e Which has end use functton(s) dependent In whole or In part upon the shape or design during end use; and e Which does not release, or otherwise result In exposure to a hazardous chemical under nor mal conditions of use. (v) Food, drugs, cosmetics or alcoholic beverages In a retail establishment which are packaged for sale to consumers: (vl| Foods, drugs, or cosmetics Intended for per sonal consumption by employees while In the worltplace; (vtt) Any consumer product or hazardous substance, as those terms are defined In the Consumer Product Safety.Act (15 U.S.C. 1251 ef seq.) respectively, where the employer can demonstrate H Is used In the workplace In the same manner as normal consumer use. and which use results In a duration and fre quency of exposure which Is not greater than expo sures experienced by consumers: and (vfll) Any drug, as that term Is defined In the Federal Food. Drug, and Cosmetic Act (21 U.S.C. 301 ef seq.), when K Is In solid, final form for direct admini stration to the patient (l.e.. tablets or pills). In addition, Section 311(e) of Title III excludes the follow ing substances: (I) Any food, food additive, color additive, drua. or cosmetic regulated by the Food and Drug Admfnletratlon; (8) Any substance present as a solid In any manu factured Hem to the extent exposure to the sub stance does not occur under normal conditions of use; (ID) Any substance to the extent H Is used for per sonal. family, or household purposes, or Is present In the same form and concentration as a product pack aged for distribution and use by the general public: (Iv) Any substance to the extent H Is used In a re search laboratory or a hospital or other medical facltKy under the direct supervision of a technically quali fied Indhrldual; (v) Any substance to the extent H Is used In routine agricultural operations or Is a fertilizer held for sale by a retailer to the ultimate customer. Also, minimum reporting thresholds have bean estabIshed under Tnie III, Section 312. You need to report only those hazardous chemicals that were present at your faculty at any time during the preceding calendar year at or above the levels listed below: e January to December 1987 (or first year of reporting) ...10.000 lbs. e January to December 1986 (or second year of reporting) ...10.000 lbs. e January to December 1989 (or third year of reporting) .. .zero lbs. * * EPA wffl publish the final threshold, effective In the third year, alter additional analysis. e For extremely hazardous substances... 500 lbs. or the threshold planning quantity. whichever Is less, from the first year of reporting and there after. WHEN TO SUBMIT THIS FORM Beginning March 1. 1988, owners or operators must sub mit the Tier One form (or substHute the Tier Two form) on or before March 1 of every year. 1 21 BRB 0048 9fi Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations 38369 INSTRUCTIONS Pleait read Ihtir Instructions carefully. Print or type all rttponitt. WHERE TO SUBMIT THI8 FORM Send one completed Inventory form to each of tha fol lowing organization*: 1. Your State emergency planning commission 2. Your local emergency planning committee 3. The fire department with Jurisdiction over your facllty. PENALTIES Any owner or operator of a facility who falls to submit or supplies false Tier One Information shal be Sable to the United State* for a cMI penalty of up to 325.000 lor each such violation. Each day a violation continues shal con stitute a separate violation. In addition, any citizen may commence a civ* action on Ns or her own behalf against any owner or operator who falls to submit Tier One Infor mation. You may use the Tier Two form as a worksheet lor completing Tier One. Fling In the Tier Two * chemical Information section should help you assemble your Tier.One responses. If your responses require more than one page. IB In the page number at the top of the form. REPORTING PERIOO Enter the appropriate calendar year, beginning January 1 and endbtg December 31. FACILITY IDENTIFICATION Enter the complete name of your facllty (and company Identifier where appropriate). Enter the ful street address or state road. H a street address Is not avalable, enter other appropriate Identifi er* that describe the physical location of your facllty (e g., longitude and latitude). Include city, state, and zip code. Enter the primary Standard Industrial Classification (SIC) code and the Dim 3 Bradstreet number for your facllty. The financial officer of your faculty should be able to pro vide the Dun t Bradstreet number. If your firm does not have this Information, contact the state or regional office of Dun 3 Bradstreet to obtain your facMty number or have one assigned. OWNER/OPERATOR Enter the owner's or operator's M name, matting ad dress, and phone number. EMERGENCY CONTACT Enter the name, title, and work phone number of at least one local person or office that can act as a referral H emergency responders need assistance In responding to a chemical accident at the facility Provide an emergency phone number where such emer gency Information w be available 24 hours a day. every day. 1 PHYSICAL AND HEALTH HAZARDS Desorlpllons, Amounts, and Locations This section requires aggregate Information on chemi cals by hazard categories as defined In 40 CFR 370.3. The two health hazard categories and three physical haz ard categories are a consoldatlon of the 23 hazard cate gories defined m the OSHA Hazard Communication Stan dard, 29 CFR 1910.1200. For each hazard type. Indi cate the total amounts and general locations of an appUcabl* chemicals present at your faculty during the past year. e What units should I use? Calculate all amounts a* weight In pounds To convert gas or Iqutd volume to weight In pounds, multiply by an appropriate density fac tor. e What about mixtures? If a chemical Is part of a mixture. you have the option of reporting either the weight of the en tire mixture or only the portion of the mixture that Is a particular hazardous chemical (e g.. If a hazardous solution weighs 100 bs. but la composed of only 5% ol a particular hazardous chemical, you can Indicate either 100 bs. of the mixture or 5 bs. of the chemical). Select the option consistent with your Section 311 reporting of the chemical on the MSOS or 1st of MSDS chemicals. e Where do I count a chemical lhal Is a fire reac tivity physical hazard and an Immediate lacute) health hazard? Add the chemical's weigh! to your totals for at three hazat d categories and Include Its location In at three categories. Many chemicals fat Into mors than one hazard oetegory. which result* hi double-counting. MAXIMUM AMOUNT The amounts ol chemicals you hsva on hand may vary throughout the year. The peak weights -- greatest Ingle-day weights during the year -- ara added together In this column to determine the maximum weight for each hazard lypa. Since the peaks lor different chemicals often occur on different days, this maximum amount will saem artificially high To complete tnis and the following sections, you may choose to use the Tier Two form at a worksheet. To determine the Maximum Amount: 1. List all ol your hazardous chemicals Individually 2. For each chemical... a. Indicate all physical and health hazards that the chemical presants. Include all chemicals, even If they are present for only a short pe riod of time during the year. 2 22 BRB 0049 38370 Federal Register / Vol. 52, No. 199 / Thursday, October 15,1987 / Rules and Regulations b. Estimate the maximum weight In pound* that w.s present M your IscRty on any single day of the reporting period. J. For aaoh hazard typo -- beginning with Fir# and re peating for al physical and health hazard types... a. Add the maximum weights of al chemicals you Indicated at the particular hazard type. b. Look at the Reporting Ranges at the bottom of the Her One form. Find the appropriate range value code. c. Enter this range value as the Maximum Amount. | EXAMPLE: ( f) Vou are using the Tier Two form as a | fj. worksheet and have Isted raw weights In pounds ;; for each of your hazardous chemicals. You .;x have marked an X h the Immediate (acute) ij * hazard column for phenol and sulfuric acid. ' The maximum amount raw weight you listed t- were 10.000 lis. and 50 be. respectively. You add these together to reach a total of 10.050 bs. k Then you took at the Reporting Range at the f bottom of your Tier One form and find that the si value of 03 corresponds to (0,050 lbs. Enter fi 03 as your Maximum Amount for Immediate |j (acute| hazards materials. fi You also marked an X In the Fire hazard box for phenol. When you calculate your ?? Maximum Amount totals for fire hazards, add the 10.000 lb. weight again. AVERAGE DAILY AMOUNT This column should represent the average dally amount of chemicals of each hazard type that were present at your facllty at any point during the year. To determine this amount: 1. Ust all of your hazardous chemicals Individually (same as for Maximum Amount). 2. For each chemical... a. Indicate al physical and health hazards that the chemical presents (same as for Maxi mum Amount). b. Estimate the average weight In pounds that was present at your faculty throughout the year. To do this, total al dally weights and divide by the number of days tha chemical was present on the site. 3. For each hazard type -- beginning with Fire and repeating for al physical and health hazards... a. Add the average weights of al chemicals you Indicated for ths particular hazard typa. b. Look at the Reporting Ranges at the bottom of the Tier One form. Find the appropriate range value code. c. Enter this range vatua as the Average Daly Amount. EXAMPLE: % You are using the Tier Two form, and have marked an X In the Immediate (acute) hazard % column tor nicotine and phenol. Nicotine Is % present at your facllty 100 days during ths year, and the sum of the daly weights Is 100,000 lbs. s> By dvtdlng 100.000 be. by 100 days on-slta. it you calculate an Average Dally Amount of fi 1.000 bs. for nicotine. Phenol Is present at h your faclDty 50 days during the year, and ths '<; sum of the dally weights Is 10,000 bs. By ii dividing 10,000 bs. by 50 days on-site, you ,it calculate an Average Daly Amount of 200 bs. |3 for phenol. You then add ths two average daly amounts together to reach a total of fi 1.200 bs. Then you look at the Reporting J Range on your Tier One form and find that the ..i value 02 corresponds to 1,200 bs. Enter 02 as your Average Dally Amount for Immediate si; |acute| Hazard. You also marked an X In the Fire hazard column for phenol. When you calculate your Average Dally Amount for fire hazards, use the 200 to. weight again. NUMBER OF DAYS ON-SITE Enter the greatest number of days that a single chemical within that hazard category was present on-site. t EXAMPLE: ji At your facility, nicotine Is present for 100 days If and phosgene Is present for 150 days. Enter | 150 In the space provided. GENERAL LOCATION Enter the general location within your laclllty where each hazard may be found. General locations should Include the names or Identifications of buddings, tank fields, lots, sheds, or other such areas. For each hazard type, dst the locations of all applicable chemicals. As an alternative you may also attach a site plan and list the site coordinates related to the appropri ate locations. If you do so, check the Site Plan box. EXAMPLE: On your worksheet you have marked an X In the Fire hazard column for acetone and butane. You noted that these are kept In steel drums In Room C of the Main Budding, and In pressurized cyltndera In Storage Shed 13. respectively. You could enter Main Building and Storage Shed 13 as the General Locations of your fire hazards. However, you choose to attach a site plan and Ust coordinates. Check the Site Plan box at the top of the column and enter elte coor dinates for the Main Budding and Storage Shed 13 under General Locations. If you need more space to list locations, attach an addi tional Tier One form and continue your Ust on the proper Ine. Number all pages CERTIFICATION This must be completed by the owner or operator or the officially designated representative of the owner or op erator. Enter your fud name and official title. Sign your name and enter the current date 3 23 BRB 0050 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations 38371 S 370.41 Tier It emergency and hazardous chamlcal Inventory form. (a) The form set out in paragraph (b) of this Section must be completed and submitted as required in 1 370.25(c). In lieu of the form set out in paragraph (b) of this section, the facility owner or operator may submit a State or local form that contains identical content. (b) Tier II Emergency and Hazardous Chemical Inventory Form. BIUWO COM ISSO-SO-M \ i 24 BRB 0051 38372 Federal Register / Vol. 52. No. 199 / Thursday, Oclober 15, 1987 / Rules and Regulations Form A p p rp ifd QMB No. nn S: 1 51 5 - -s II CD ii ii B r IM eg: 6 3 > 35 22 II k. gla<s|sz a||gsS F S<io? Jhs'.s S O e -o 2 Ow Jill! B B B B B B^s o t ^ | s f 1OWOTS3m ^* tflr W f "s1! oc - u (0 O Q o 6 a> j= O i if i|l 11 dill l gun i. ii ,ii | tui s it ik >. ,!* (Hi : i gun IS I 1 l n< 1 I s >* B I B I B I * i I I I I *f ou **t 8* : 5I uo > g- 5S *e Q 25 BRB 0052 Federal Register / Vol. 52. No. 199./ Thursday, October 15, 19H7 / Rules and Regulations 30373 7* BRB 0053 3B374 Federal Register / Vol. 52, No. 15)9 / Thursday, October 15. 19B7 / Rules and Regulations TIER TWO INSTRUCTIONS GENERAL INFORMATION Submission of this Tlor Two form (when requested) Is required by Title III of the Superfund Amendments end Reauthorlzatlon Act of 1186, Sscllon 112, Public Law 99-499. The purpose of this Tier Two form Is to provide 8tste and local officials and the publle with spedflo Information on hazardous chemicals present at your facility during the past year. YOU MUST PROVIDE ALL INFORMATION REQUESTED ON THIS FORM TO FULFILL TIER TWO REPORTING REQUIREMENTS. This form may also be used as a worksheet for completing the Tier One form or may be submitted In place of the Tier One form. WHO MUST SUBMIT THIS FORM Section 312 of Title III requires that the owner or opera tor of a facility tubmlt this Tier Two form If so requested by a State emergency planning commission, a local emergency planning committee, or a Are department with furlsdiction over the facDty. This request may apply to the owner or operator of any facility that Is required, under regulations Implementing the Occupational Safety and Health Act of 1970, to pre pare or have available a Material Safety Data Sheet (MSOS) for a hazardous chemical present at the faculty. MSOS requirements ere specified In the Occupational Safety and Health Administration (OSHA) Hazard Com munications Standard, found In Title 29 of the Code of Federal Regulations st 1910.1200. ' WHAT CHEMICALS ARE INCLUDED You must report the Information required on this form for each hazardous chemical for which Tier Two Information Is requested. However, OSHA regulations end Title HI exempt some chemicals from reporting. Section 1910.1200(b) of the OSHA regulations currently provides the following exemptions: (I) Any hazardous waste as such term Is defined by the Sold Waste Disposal Act as amended (42 U.S.C. 6901 et seq.) when subject to regulations Issued under that Act: (I) Tobacco or tobacco products: (B) Wood or wood products; llv)* Articles'-defined under 1910.1200(b) as a manutactursd Item: e Which Is formed to a specific shape or design during manufacture: e Which hat end use functlon(s) dependent In whole or In part upon the shape or design dur- _ Ing end use: and e Which does not release, or otherwise result In exposure to a hazardous chemical under nor mal conditions of use. (v| Food. (Fugs, cosmetics or alcoholic beverages In a retail establishment which are packaged tor sale to consumers: (vt) Foods, drugs, or cosmetics Intended for per sonal consumption by employees whits In the workplace. I (vll) Any consumer product or hazardous substance, as those terms are defined In the Consumer Product Safety Act (15 U.S.C. 1251 et seq.) respectively, where the employer can demonstrate It Is used In the workplace In the same manner as normal consumer use, and which use results In a duration and fre quency of exposure which Is not greater than expo sures experienced by consumers (vM) Any drug, as that term Is defined In the Federal Food. Drug, and Cosmetic Act (21 U.S.C. 301 ef seq.). when H Is In sold, final form for direct admini stration to the patient (t.e., tablets or pills). In addition, Section 311(e) of Title III excludes the follow ing substances: (I) Any food, food additive. color additive, drug, or cosmetic regulated by the Food and Drug Admini stration: (D) Any substance present as a solid In any manu factured Item to the extent exposure to the sub stance does not occur under normal conditions of use; (HI) Any substance to the extent H Is U9ed for per sonal. family, or household purposes, or Is present In the same form and concentration as a product pack aged for distribution and use by the general public: (tv) Any substance to the extent H Is used In a re search laboratory or a hospital or other medical facil ity under the direct supervision of a technically quali fied Indhddual: (v| Any substance to the extent It Is used In routine agricultural operations or Is a terttllzer held lor sale by a retailer to the ultimate customer. Also, minimum reporting thresholde have been eetabshed for Tier One under Title III, Section 312. You need to report only those hazardous chemicals that were pre sent at your facility at any time during the' preceding cal endar year at or above the levels Isted below: e January to December 1987 (or first year of reporting) ...10.000 foe. e January to December 1988 (or second year of reporting) ...10.000 foe. a Jar ary to December 1989 (or third year ol reporting) ...zero fos.* EPA wll publish the final threshold, effective In the third year, after additional analysis. e For extremely hazardous substances.. .500 fos. or the threshold planning quantity, which ever Is less, from the first year of reporting and thereafter. A requesting official may mlt the responses required un der Tier Two by specifying particular chemicals or groups of chemicals. Such requests apply to hazardous chemicals regardless of established thresholds. 1 27 BRB 0054 Federal Register / Veil. 52. No. 199 / Thursday. October 15. 1007 / Rules and Regulations 3837! INSTRUCTIONS PIfate read these Instructions <-artfully. print or type alt responses. WHEN TO SUBMIT THIS FORM Owners or operator* muet submit the Tier Two form to the requesting agency within 30 days of receipt of a writ ten request from an authorized official. WHERE TO SUBMIT THIS FORM Send the completed Tier Two form to the requesting sgsncy. PENALTIES Any owner or operator who violates any Tier Two report ing requirement* shall be Hable to the United States for a clvl penalty of up to S25.000 for each such violation. Each day a violation continues shal constitute a separata violation. You may use the Tier Two form as a worksheet for completing the Tier One form. Filling In the Tier Two Chemical Information section should help you assemble your Tier On* responses. If your responses require more than one page. fR In the page number at the top of the form. REPORTING PERIOD Enter the appropriate calendar year, beginning January t and anting Cecember 31. FACILITY IDENTIFICATION Enter the full name of your faculty (and company Identi fier where appropriate). Enter the full street address or state road. If a street sddress I* not available, enter other appropriate Identifi ers that describe the physical location of your facility (eg., longitude and latitude). Include etty, stale, and zip code. Enter the primary Standard Industrial Classification (SIC) code and the Dun & Bradstreet number for your faculty. The financial officer of your faculty should be able to pro vide the Oun & Bradstreet number. If your firm doe* not have this Information, contact the state or regional office of Dun & Bradstreet to obtain your facility number or have one assigned. OV/NERfOPERATOR Enter the owner's or operator's fid name, mailing ad^ sis, and phone number. EMERGENCY CONTACT Enter the name, this, and work phone number of at least one local person or office who can act as a referral If emergency responders need assistance In responding lo a chemical accident at the faculty. Provide an emergency phone number where such emer gency chemical Information win be avaUable 24 hours a day, every day. CHEMICAL INFORMATION: Description, Hazards, Amounts, and Locations The main section of the Tier Two form requires specific Information on amounts and locations of hazardous chemicals, as defined In the OSHA Hazard Communica tion Standard. * What units should I use? Calculate a* amounts as weight In pounds. To convert gas or Iquld volume to weight In pounds, multiply by an appropriate density lactor. * What about mixtures? If a chemical Is part of a mixture. you have the option of reporting either the weight of the en tire mixture or only the portion of the mixture that la a particular hazardous chemical (e.g.. If a hazardous sohitlon weighs 100 lbs. but Is composed of only 5% of a particular hazardous chemical, you can Indicate either 100 lbs. of the mixture or S tot. of the chemical. Select the option consistent with your Section 311 reporting of the chemical on the MSDS or 1st of MSDS chemicals. CHEMICAL DESCRIPTION 1. Enter the Chemical Abstract Service number (CAS#|. For mixtures, enter the CAS number of the mix ture as a whole If It has been assigned a number distinct from Its components. For a mixture that has no CAS number, leave this Item blank or report the CAS numbers of as many constituent chemicals as possible. If you are withholding the name of a chemical In ac cordance with criteria specified In Title B. Section 322, enter the generic chemical class (e.g., 1st toluene dlsocynata as organic Isocynate) and check the box marked Trade Secret. Trade secret Information should be submitted to EPA and must Include a substantiation. Please refer to Section 322 of Title III for detailed Information on how to comply with trad* secret request*. 2. Enter the chemical name or common name of each hazardous chemical. 3. Circle ALL applicable descriptors: pure or mixture, and solid, liquid, or gas. EXAMPLE: You have pure chlorine gas on hand, as well as two mixtures that contain liquid chlorine. You write 'chlorine" and enter the CAS#. Then you circle 'pure' and 'mix' -- as well as '<q' and `gas . 1 2 BRB 0055 38376 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations PHYSICAL AND HEALTH HAZARDS For each chemical you have listed, check all the physical and health hazard boxes that apply. These hazard cate gories are defined In 40 CFR 370.3. The two health haz ard categories and three physical hazard categories are a consolidation of the 23 hazard categories defined In the OSHA Hazard Communication Standard, 29 CFR 1910.1200. MAXIMUM AMOUNT 1. For each hazardous chemical, estimate the greatest amount present at your facility on any single day dur ing the reporting period. 2. Find the appropriate range value code In Table 1. 3. Enter this range value as the Maximum Amount. Table 1 REPORTING RANGES Range Weight Range In Pound* Value From... To... 00 0 01 100 02 1.000 03 10,000 04 100.000 05 1.000,000 06 10.000.000 07 50.000,000 08 100.000.000 09 500.000.000 10 1 billion 99 999 9.999 99.999 999.999 9.999.999 49.999,999 99.999.999 499.999.999 999.999.999 higher than 1 billion If you are using this form as a worksheet for com pleting Tier One. enter the actual weight In pounds In the shaded space below the response blocks. Do this for both Maximum Amount and Average Dally Amount. EXAMPLE: You received one large shipment of a solvent mixture last year. The shipment filled your 5.000- : gallon storage tank. You know that the solvent contains 10% benzene, which Is a hazardous chemical. You figure that 10% of 5.000 gallons Is 500 gallons. You also know that the density of benzene Is 7.29 pounds per gallon, so you multiply 500 by 7.29 to get a weight of 3.645 pounds. Then you look at Table I and find that the range value 02 corresponds to 3.645. You enter 02 as the Maximum Amount. (If you are using the form as a worksheet for completing a Tier One form, you should write '3.645 In the shaded area.) AVERAGE DAILY AMOUNT 1. For each hazardous chemical, estimate the average weight In pounds that was present at your faculty dur ing the year. To do this, total all dally weights and divide by the number of days the chemical was present on the she. 2. Find the appropriate range value In Table I. 3. Enter this range value as the Average Oally Amount. EXAMPLE: The 5.000-gallon shipment of solvent you re ceived last year was gradually.used up and completely gone In 315 days. The sum ot the dally volume levels In the tank Is 929,250 gallons. By dividing 929,250 gallons by 315 days on-site, you calculate an average dairy amount of 2.950 gallons. You a'ready know that the solvent contains 10% benzene. which Is a hazardous chemical. Since 10% of 2.950 Is 295. you figure that you had an average of 295 gallons of benzene. You also : know that the density of benzene Is 7.29 pounds per gallon, so you multiply 295 by 7.29 to get a weight of 2.150 pounds. i` Then you look at Table I and find that the range value 02 corTeponds to 2.150. You enter 02 as the Average Daily Amount. (If you are using the form as a worksheet tor completing a Tier One form, you should write 2.150 In the shaded area.) NUMBER OF DAYS ON-SITE Enter the number of days that the hazardous chemical was found on-site. EXAMPLE: The solvent composed of 10% benzene was present for 315 days at your facility. Enter 315 tn the space provided. STORAGE CODES AND STORAGE LOCATIONS Ust all non-confldentlal chemical locations In this column, along with storage types/condftlons associated with each location. Storage Codes: Indicate the types and conditions of storage present. a. Look at Table 11. For each location, find the appropriate storage type(s). Enter the cor responding code(s| In front of the parenthe ses. b. Look ar Table HI. For each storage type, find the temperature and pressure condi tions. Enter the applicable pressure code In the first space within the parentheses. Enter the applicable temperature code In the fast space within the parentheses. 1 i 29 BRB 0056 Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations Table II - storage types CODES Types of Storage A Above ground tank B Below ground tank C Tank Inside bidding D Steel drum E Plastic or non-metadc drum F Can O Carboy H sno I Fiber drum J Bag K Box L Cylinder M Glass bottles or Jugs N Plastic bottles or Jugs O Tote bln P Tank wagon Q Rad car R Other Table III - TEMPERATURE AND PRESSURE CONDITIONS CODES Storage Conditions (PRESSURE) 1 Ambient pressure 2 Greater than ambient pressure 3 Less than ambient pressure (TEMPERATURE) 4 Ambient temperature 5 Greater than ambient temperature ( Less than ambient temperature but not cryogenic 7 Cryogenic conditions : If you choose to attach one of the following, check the appropriate Attachments box at the bottom of the Tier Two form. a. A site plan with site coordinates Indicated for buddings, lots, areas, etc. throughout your facdlty. b. A list of site coordinate abbreviations that correspond to buddings, lots, areas, etc. throughout your facdlty. EXAMPLE: Si - . fa You have benzene In the main room of the main budding, and In tank 2 In tank field 10. You attach a site plan with coordinates as & follows: main budding o Q-2, tank field 10 * I B-6. Fid In the Storage Location as fodows: fe- ------------------------------------------------------------------------------------------------ 'A B-8 ( Tank 2 | Q-2 (Main Room] Under This III, Section 324, you may elect to withhold location Information on a specific chemical from disclo sure to the public. If you choose to do so: e Enter the word 'confidential* In the Non-Confidentlal Location section of the Tier Two form. e On a separate Tier Two Confidential Location Information Sheet, enter the name and CASS of each chemical for which you are keeping the location confidential. e Enter the appropriate location and storage In formation, as described above for non-confldentlal locations. e Attach the Tier Two Confidential Location In formation Sheet to the Tier Two form. This separates confidential locations from other In formation that wld be disclosed to the public. 3837, 8torage Locations: Provide a brief description of the precise location of the chemical, so that emergency responders can locate the area easily. You may find It advantageous to provide the optional site plan or site coordinates as explained below. For each chemical, Indicate at a minimum the building or lot. Additionally, where practical, the room or area may be Indicated. You may respond In narrative form with appropriate site coordinates or abbreviations. If the chemical Is present In more than one budding, lot, or area location, continue your responses down the page as needed. If the chemical exists everywhere at the plant site simultaneously, you may report that the chemi cal Is ubiquitous at the site. CERTIFICATION. This must be completed by the owner or operator or the officially designated representative of the owner or op erator. Enter your ful name and official title. Sign your name and enter the current date. 1 |FR Doc. 87-23842 Filed 18-13-87:10:48 am| etuencooc sseo-so-c 4 30 BRB 0057 STATE EMERGENCY RESPONSE COMMISSIONS Alabama Alabama Emergency Response Commission Department ol Environmental Management 1751 Federal Drive Montgomery, Alabama 36109 (205) 271-7700 Alaska Alaska Emergency Response Commission P.O. Box 0 Juneau, Alaska 99811 (907) 465-2600 American Samoa Territorial Emergency Manage ment Coordination OHice American Samoan Government Pago Pago, American Samoa 96799 International * (684) 633-2331 Arizona Arizona Emergency Response Commission Division ol Emergency Services 5636 East McDowell Road Phoenix, Arizona 85008 (602) 244-0504 Commonwealth ol Northern Mariana Islands Office of the Governor CNMI Saipan, CNMI 96950 International f (670) 322-9529 Connecticut Connecticut Emergency Response Commission Department of Environment Protection State Capitol Building Room 161 165 Capitol Avenue Hartford, Connecticut 06106 (203)566-4017 Delaware Delaware Commission on Hazardous Materials Department of Public Safety Administration Center Dover, Delaware 19901 (302) 834-4531 or 736-4321 District of Columbia Office ol Emergency Preparedness 2000 14th Street. NW 8th Floor Washington, D.C. 20009 (202) 727-6161 Arkansas Florida Arkansas Hazardous Materials Emergency Response Commission P.O. Box 9583 8001 National Drive Little Rock, Arkansas 72219 (501) 562-7444 California California Emergency Response Commission Olfice of Emergency Services 2800 Meadowview Road Sacramento,'California 95832 (916) 427-4201 Colorado Florida Emergency Response Commission Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 (904)487-4915 Georgia Georgia Emergency Response Commission Georgia Department of Natural Resources 205 Butler Street, SE Floyd Towers East Atlanta, Georgia 30334 (404) 656-4713 Colorado Emergency Planning and Community Right-toKnow Commission Division of Disaster Emer gency Services Camp George West * Golden, Colorado 80401 (303) 273-1624 Guam Civil Defense Emergency Services Office Government of Guam P.O. Box 2877 Aguana, Guam 96910 FTS 550-7230 Hawaii Hawaii Emergency Response Commission Hawaii Department of Health Environmental Epidemiology Program P.O. Box 3378 Honolulu, Hawaii 96801 (808) 548.2076 or 548-5832 Idaho Idaho Emergency Response Commission Department of Health & Welfare State House Boise. Idaho 83720 (208) 334-5898 Illinois Illinois Emergency Response Commission Illinois Emergency Services & Disaster Agency Attn: Hazmat Section 110 E. Adams Street Springfield, Illinois 62706 (217) 782-4694 Indiana Indiana Department of Environmental Management Emergency Response Branch 5500 West Bradbury Street Indianapolis, Indiana 46241 (317) 243-5176 Iowa Iowa Emergency Response Commission 301 East 7th Street Des Moines, Iowa 50319 (515) 281-6175 Kansas State Emergency Response Commission Kansas Department ol Health end Environment Forbes Field, Building 728 Topeka, Kansas 66620 (913) 296-1690 Kentucky Kentucky Emergency Response Commission Kentucky Disaster and Emergency Services Boone National Guard Center Frankfort, Kentucky 40601 (502) 564-8682 Louisiana Louisiana Emergency Response Commission Department of Public Safety 4 Correction Office of Public Safety P.O. Box 66614 Baton Rouge, Louisiana 70896 (504) 925-6117 Maine Bureau of Labor Standards Attn: SARA State Office Building Station 82 Augusta. Maine 04333 (207)289-4291 ' Maryland Governor's Management Advisory Council Maryland Emergency Management A Civil Defense 2 Sudbrook Lane East East Pikesville, Maryland 21208 (301) 486-4422 Massachusetts Title Three Emergency Response Commission Department of Environmental Quality Engineering One Winter Street Boston, Massachusetts 02108 SERC (617) 292-5851 LEPCInfo (617)875-1381 Michigan Michigan Department ol Natural Resources Environmental Response Division Title III Notification P.O. Box 30028 Lansing, Michigan 48909 (517) 373-9893 31 BRB 0058 Minnesota Minnesota Emergency Response Commission Division of Emergency Services State Capitol Room B-5 St. Paul, Minnesota S5155 (612) 296-2233 Mississippi Mississippi Emergency Response Commission Mississippi Emergency Management Agency P.O. Box 4501 Foridren Station Jackson, Mississippi 39216-0501 (601)352-9100 Missouri Missouri Emergency Response Commission Missouri Department of Natural Resources P.O. Box 3133 Jefferson City, Missouri 65102 (314) 751-7929 Montana Montana Emergency Response Commission Environmental Sciences Division Department of Health & Environmental Sciences Cogswell Building A-107 Helena, Montana 59620 (406) 444-3948 Nebrasks Nebraska Emergency Response Commission Nebraska Department of Environmental Control Technical Services Section P.O. Box 94877 State House Station Lincoln, Nebraska 66509 (402)471-4230 Nevada Nevada Division of Emergency Management 2525 South Carson Street Carson City, Nevada 89710 (702) 885-4240 or 885-5300 I New Hampshire State Emergency Management Agency State Office Park South 107 Pleasant Street Concord, New Hampshire 03301 (603) 271-2231 New Jersey New Jersey Emergency Response Commission SARA Title III Project Department of Environmental Quality CN-402 Trenton, New Jersey 08625 (609) 292-6714 New Mexico New Mexico Emergency Response Commission New Mexico Department ol Public Safety P.O. Box 1628 Santa Pe, New Mexico 87504-1628 (505) 827-9226 New York New York Emergency Response Commission New York State Department of Environmental Conservation Bureau of Spill Prevention & Response 50 Wolf Road, Room 326 Albany, New York 12233-3510 (518)457-4107 North Carolina North Carolina Emergency Response Commission Division of Emergency Management North Carolina Department of Crime Control and Public Safety 116 West Jones Street Raleigh, North Carolina 27611 (919) 733-2126 North Dakota North Dakota State Department of Health 1200 Missouri Avenue P.O. Box 5520 Bismarck, North Dakota 58502-5520 (701) 224-2370 Ohio Ohio Emergency Response Commission Ohio Environmental Protection Agency Office of Emergency Response P.O. Box 1049 Columbus, Ohio 43266-0149 (614) 481-4300 Oklahoma Oklahoma Emergency Response Commission Office of Civil Defense P.O. Box 53365 Oklahoma City, Oklahoma 73152 (405) 521-2481 Oregon Oregon Emergency Response Commission c/o State Fire Marshall 3000 Market Street Plaza Suite 534 Salem, Oregon 97310 (503) 378-2885 Pennsylvania Pennsylvania Emergency Response Commission SARA Title III Officer PEMA Response & Recovery P.O. Box 3321 Harrisburg, Pennsylvania 17105 (717) 783-8150 Puerto Rico Puerto Rico Emergency Response Commission Environmental Quality Board P.O. Box 11488 Santurce, Puerto Rico (809)722-1175 or 722-2173 Rhode Island Rhode Island Emergency Response Commission Rhode Island Emergency Management Agency State House M. 27 Providence, Rhode Island 02903 (401)421-7333 South Carolina South Carolina Emergency Response Commission Division ol Public Safety Programs Office of the Governor 1205 Pendleton Street Columbia, South Carolina 29201 (803) 734-0425 South Dakota South Dakota Emergency Response Commission Department ol Water 4 Natural Resources Joe Foss Building 523 East Capitol Pierre, South Dakota 57501-3181 (605) 773-3151 Tennessee Tennessee Emergency Response Commission Tennessee Emergency Management Agency 3041 Sidco Drive Nashville, Tennessee 3 7 204 (615) 252-3300 (800) 258-3300 Texas Texas Emergency Response Commission Division of Emergency Management 5805 Lamar Austin, Texas 76752 (512) 465-2138 Utah Utah Hazardous Chemical Emergency Response Commission Department ol Health 288 North 1460 West P.O. Box 16690 Salt Lake City, Utah 84116-0690 (801) 538-6101 Vermont Department of Labor and Industry 120 State Street Montpelier, Vermont 05002 (802) 828-2286 32 BRB 0059 Virgin Island* U.S. Virgin Islands Emergency Response Commission Title III 179 Altona St. Thomas, VI 00802 (809) 774-3320 Ext. 169 or 170 .. Virginia Virginia Emergency Response Council Department of Waste Management James Monroe. Bulling 11th Floor 101 North 14th Street Richmond, Virginia 23219 (804) 225-2999 Washington Washington Emergency Response Commission Division of Emergency Management 4220 East Marlin Way, Mailstop PT-11 Olympia. Washington 98504 (206) 753-5255 Weal Virginia West Virginia Emergency Response Commission Department of Natural Resources Capitol Building, Room 669 1800 Washington Street, East Charleston, West Virginia 25305 (304) 348-2754 Wisconsin Division ol Emergency Governor 4802 Sheboygan Avenue Room 99A P.O. Box 7865 Madison, Wisconsin 53707 (608) 266-3232 Wyoming Wyoming Emergency Management Agency Comprehensive Emergency Management 5500 Bishop Boulevard P.O. Box 1709 Cheyenne, Wyoming 8tt003 (307) 777-7566 EPA REGIONAL OFFICES Region - State 4 - Alabama 10- Alaska 9 - American Somoa 9 - Arizona 6 - Arkansa* 9 - California 8 - Colorado 9 - Commonwealth of Northern Mariana Island* 1 - Connecticut 3 - Delaware 3 - District of Columbia 4 - Florida 4 - Georgia 9 - Guam 9 - Hawaii 10 - Idaho 5 - Illinois 5 - Indiana 7 - Iowa 7 - Kansas 4 - Kentucky 8 - Loulaana 1 - Maine 3 - Maryland 1 - Massachusetts 5 - Michigan 5 - Minnesota 4 - Mississippi 7 - Missouri 8 - Montana 7 - Nebraska 9 - Nevada 1 - New Hampshire 2 - New Jersey 6 - New Mexico 2 - New York 4 - North Carolina 8 - North Dakota 5 - Ohio 6 - Oklahoma 10 - Oregon 3 - Pennsylvania 2 - Puerto Rico 1 - Rhode Island 4 - South Carolina 8 - South Dakota 4- Tennessee 6 - Texas 8 - Utah 1 - Vermont 2 - Virgin Islands 3 - Virginia 10 -'Washington 3 - West Virginia 5 - Wisconsin ' Contact the Preparedness Coordinator at the Regional Office Region 1 Region 4 Region 8 EPA - Region 1 New England Regional Laboratory 60 Westview Street Lexington, MA 02173 (617) 860-4300 Ext. 221 EPA - Region 4 345 Courtland Street, NE Atlanta, GA 30365 (404) 257-3931 Region 5 EPA - Region 8 One Denver Place 999 18th Street Suite 1300 Denver, CO 80202-2413 (303) 293-1723 Region 2 EPA - Region 2 Woodbridge Avenue Edison, NJ 08837 (201) 321-6656 EPA - Region 5 230 South Dearborn Street Chicago, IL 60604 (312) 886-1964 Region 6 Region 9 EPA - Region 9 215 Fremont Street San Francisco, CA 94105 (415) 974-7460 Region 3 EPA - Region 3 841 Chestnut Street Philadelphia, PA 19107 (215) 597-0807 EPA - Region 6 Allied Bank Tower 1445 Ross Avenue Dallas. TX 75202-2733 (214) 655-2270 Region 10 EPA - Region 10 1200 6th Avenue Seattle. WA 98101 (206) 442-1263 Region 7 EPA - Region 7 726 Minnesota Avenue Kansas City, Kansas 66101 (913) 236-2806 33 BRB 0060 HAZARD COMMUNICATION COMPLIANCE CHECKLIST BRB 0061 CHAPTER SEVEN Hazard Communication Compliance Checklist HazCom is a "performance-oriented rule." OSHA has set certain objectives you must reach, but it is not dictating the methods you use to achieve those objectives. This checklist wiit help you prepare for the kind of questions OSHA might ask you in determining whether your company has complied. A lot of work will go into earning the right to say "yes" to each question, but this checklist ' gives you a way to keep track of your company's progress in reaching full compliance. Planning and Administration of Your Company's Program: 1. Have we reviewed the requirements of the HazCom rule? 2. Has an employee been designated to be responsible for coordinating our written hazard communication program? 3. Have we prepared a written hazard communication program? (It is recommended this program be placed in a loose-leaf binder for ease in updating. See Chapter Three.) O 4. Do we have a system for responding to medical requests for chemical information during a medical emergency? 5. Have we developed our emergency procedures and incorporated them into our Standard Operating Procedures? 6. Do we have a policy for exchanging hazard infor mation with other contractors? 7. Do we have a system for documenting that we have informed other contractors about the hazards we have on the jobsite and how they are classified? (Assign this responsibility to the project manager.) 8. Have we reviewed all existing company policies and operating procedures for their compliance with the HazCom Standard and amended them where necessary? Identification of Hazardous Substances: 1. Do we have an inventory list of all chemicals used in the workplace? 2. Is a list of all hazardous chemicals available at the jobsite? 3. Do we have a procedure for checking that we have received an MSDS from the manufacturer for incoming chemicals and that we have received any updates? (MSDSs need not be sent with every shipment after the initial MSDS is received, but a new MSDS should be sent whenever a chemical is changed or the MSDS is revised.) 4. Do we review incoming container labels to see if they have the chemical's name and appropriate hazard warnings? (The label should be an immediate warning and should summarize the most important information found in the MSDS.) 5. Have we developed labels, placards or batch tickets to be used when any product is removed from its original container or when it is mixed by us? Employee Training Programs: 1. Have we developed a system for communicating the information in MSDSs to all company employees? 2. Do we have procedures for employee training to provide information on chemical hazards at both initial assignment and whenever new information becomes available? 3. Are our employees familiar with the different types of chemicals and the hazards associated with them? 4. Do our employees understand how to detect the presence or release of hazardous chemicals in the workplace? 5. Are our employees trained in proper work practices and personal protective equipment in relation to the hazardous chemicals in their work area? 6. Does our training program provide information on appropriate first aid, emergency procedures and the likely symptoms of overexposure? 7. Does our training program include an explanation of labels and warnings that are used in each work area? 8. Does the training describe where to obtain MSDSs and how employees may use them? 9. Do we have a recordkeeping system to show that employees have been informed of hazards? _ 10. Do employees not routinely exposed to chemicals know where to find the MSDS forms and how to use them? i As noted in theforeword to this manual, the participating associations arepresently involved in a legal challenge to the Hazard Communication Standard. Pending the resolution of this litigation, the participating associations make no warranty that the information contained herein will necessarily be accepted bv OSHA. 34 BRB 0062 CHAPTER EIGHT "What If..." Simple Answers to Anticipated Problems As you have made your way through this manual, you have no doubt had a number of questions about how HazCom is actually going to work on construction sites. You also are probably wondering what you are going to do when you hit a snag in the system. The following question and answer discussion hopefully will provide some answers to your questions. Q. What if a labeled product arrives without the Material Safety Data Sheet? A. Since the product is labeled as hazardous, you should make a good-faith elfort to obtain the MSDS. Do the following: 1. Type the sample letter requesting the MSDS or the label (See the chapter entitled "Sample Forms and Letters") and send it to the manufacturer/supplier as soon as possible. 2. Keep a copy of your letter in your files and document when you sent it. 3. Send a follow-up letter in thirty days if you have still not received the requested information. 4. Record the receipt of the MSDS when it arrives and file it. 5. Continue to keep records of each request you have made and the response received. Q. What if / live in a small town and deal with only a few retail outlets or suppliers, and I have trouble getting MSDSs or labels from them? I don't want to alienate them by harassing themfor the information. A. If you have trouble getting the information from the local suppliers, write them a letter requesting the information in a friendly or business-like tone stating you are trying to fulfill the requirements of the OSHA Hazard Communi cation Standard. Keep copies of this correspondence. If it appears likely that this will not do any good, write directly to the manufacturer of the product and document this as well. OSHA also.urges employers to contact their local OSHA office for assistance if they have problems obtaining MSDSs from suppliers or manufacturers. Q. Is there a complete list of hazardous chemicals used in construction? A. There are hundreds of thousands of chemicals which qualify as hazardous under HazCom. Obviously, not all of them are used in construction, but many are. There is no definitive list of chemicals used in construction and you should be wary of purchasing one from a company which says they have one. Every construction firm will have to evaluate its own products, which is the intention of HazCom. No two companies or jobsites will be alike, even in the same specialty trade. Q. Who is responsiblefor the accuracy of the MSDSs? A. It is the responsibility of the manufacturer to provide accurate information on the MSDSs. No one expects you to be a chemist. Q. What if I receive the MSDS to a product separate from the shipment and the MSDS doesn't identify the product by its common name? How do / know which product it belongs with? A. Until manufacturers understand their own obligations under HazCom, this situation is likely to occur. All MSDSs should identify the common identity of the product. If you receive one which doesn't, regardless of whether it came with the product, contact the manufacturer for the infor mation. You need the information for training and your employees need it for reference and emergencies. Q. What ifI receive an MSDS with one or more blank spaces? Do / assume that those sections don 7 apply? A. If a section of an MSDS doesn't apply, then the box should read "not applicable" or "N/A." If nothing is filled in, you should contact the manufacturer requesting the information. (See the chapter entitled "Sample Forms and Letters.") Q. How do / know if the chemical make-up of a product changes? A. It is the responsibility of the manufacturer to provide you with a new MSDS when the chemical make-up of a product changes. It is then your responsibility to inform your employees about the changes. Q. Do labels and MSDSs have to be translated into foreign languages if the majority of workers do not read or understand English? A. While labels and MSDSs must be in English, you are not required to have them translated. You must still make an effort to train these employees. Contact your local OSHA office for assistance. As noted in theforeword to this manual the participating associations are presently involved in a legal challenge to the Hazard Communication Standard. Pending the resolution ofthis litigation, the participating associations make no warranty that the information contained herein will necessarily he accepted by OSHA. 35 Q. On the other hand, what do I do if I use some specialized products that are only available from foreign suppliers? Do I have to translate MSDSs and labels myself? A. If you rely on foreign supplies, it is the responsibility of the importer of the product to translate labels and MSDSs. As with requests for missing labels and MSDSs, make sure you put requests for translations in writing and keep them on file. Q. Do workers have to be trained whenever a different brand of a product is used? A. No. Retraining must take place when new hazards are introduced, not when one brand is substituted for another. Q. Who is responsible for training employees on construction sites? A. Each contractor is responsible only for his or her own employees. However, you must train your employees about the hazards other contractors working in the same area may be exposing your employees to and what protective and emergency measures they have to take. You must get this information from the other contractor(s) and the same information will be requested from you. Q. Who will coordinate this exchange of information between contractors? A. It is up to the individual contractors to get the information from other contractors on site. However, the simplest method will be to find out who the other contrac tors will be before work begins and contact them. Keep careful documentation of this effort. Q. What if another contractor has never heard of HazCom? A. This will probably be a major problem in the early years of compliance. As in the last answer, the best thing to do is to contact the other contractor. (See the chapter entitled "Sample Forms and Letters.") This will be part of your good faith effort to comply. Q. Can't Ijust hire a consultant to bring my company into compliance? A. HazCom is going to be an ongoing process as long as you are in business. You can hire someone to do it for you, but only if you are confident of their knowledge of the requirements. Unfortunately, a number of unreputable "safety consultants" will be popping up all over the country hoping to cash in on contractors' confusion over the standard. There are a number of reputable outfits providing good services, but you will need to be able to tell the good from the bad. Q. Do I have to keep records of my employee training? A. While it is not a requirement of HazCom, it is strongly recommended that you keep a record of all employees trained and have them sign off on it. (See the chapter entitled "Sample Forms and Letters.") Otherwise, you will have no proof of an employee's training. It could be vital in liability cases. Q. What are the penaltiesfor non-compliance? A. Violations of HazCom and other OSHA standards are punishable by civil and criminal penalties which could go as high as several thousand dollars. In addition, failure to implement a hazard communication program could result in a liability suit directed at your company-and increased insurance rates. Q. What if I'm a small contractor? Do I really need to worry about compliance? A. There is no exemption from compliance for small contractors. The penalties for non-compliance can be just as severe, the liability risk just as great and the insurance rates just as high for small contractors who fail to comply. Q. What ifI'm doing repair work on a project that has tong since been completed. How do I know what hazards already exist on the project? A. Under HazCom, on repair work you are required only to provide the best known information about the hazards of the items already installed. You do not need labels and MSDSs on those products if they are not available, but you should make sure your employees are informed. i 36 BRB 0064 CHAPTER NINE Federal HazCom Assistance and State Enforcement Because of the complexity of HazCom, OSHA has appointed "Hazard Communication Coordinators" in its ten regional offices around the country (see following list of offices). These coordinators are there to assist you with any questions or problems you may have with establishing a hazard communication program within your company, as well as assisting you with tracking down MSDSs, labels and other information necessary to comply. Some contractors need to also be aware that federal OSHA does not enforce the standard in all states and territories. In some cases, stale OSHAs will be enforcing the standard's requirements. These state OSHAs are known by a variety of acronyms such as MOSHA, WISHA, VOSHA, etc., and these agencies have just as much authority, and sometimes more authority, than federal OSHA in handing out citations, fines, and sometimes jail sentences for safety violations. r However, only those states which have an "OSHAapproved" state plan can enforce the standard. Those states are: Alaska, Arizona, California (after July 1, 1989), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands, Washington, and Wyoming (see following list of state OSHA offices). In some instances, these states may have additional requirements that exceed the requirements of the federal standard. You may want to contact your local state agency for assistance. All other state and local HazCom or "Right-to-Know" regulations are preempted by the federal standard, and federal OSHA will conduct HazCom inspections in all other states. Don't be confused by "state vs. federal" HazCom enforcement. AH contractors will be expected to comply with essentially the same standard. ---------------------------------U.S. Department of Labor--------------------------------Regional OSHA Offices with Hazard Communication Coordinators REGION I (CT, MA, ME, NH, RI, VT) 133 Portland Street Boston, MA 02114 (617) 565-7164 REGION VI (AR, LA, NM, OK, TX) 525 Griffin Square, Room 602 Dallas, TX 75202 (214) 767-4731 REGION II (NJ, NY, PR, VI) 201 Varick Street, Room 670 New York, NY 10014 (212) 337-2348 REGION Vn (IA, KS, MO, NE) 911 Walnut Street, Room 406 Kansas City, MO 64106 (816)426-5861 REGION III (DC, DE, MD, PA, VA, WV) Gateway Building, Suite 2100 3535 Market Street Philadelphia, PA 19104 (215) 596-1201 REGION Vin (CO, MT, ND, SD, UT, WY) Federal Building, Room 1576 1961 Stout Street Denver, CO 80294 (303) 844-3061 REGION IV (AL, FL, GA, KY, MS, NC, SC, TN) 1375 Peachtree Street, N.E., Suite 587 Atlanta, GA 30367 (404) 347-3573 REGION IX (AZ, CA, HI, NV) 71 Stevenson Street, Room 415 San Francisco, CA 94105 (415) 995-5672 REGION V (IL, IN, MI, OH, WI) 32nd Floor, Room 3244 230 South Dearborn Street Chicago, IL 60604 (312) 353-2220 REGION X (AK, ID, OR, WA) Federal Office Building, Room 6003 909 First Avenue Seattle, WA 98174 (206) 442-5930 37 BRB 0065 ------------------- ---- States with OSHA-Approved State Plans----------------------------In the following states and territories, HazCom is enforced by these state agencies: ALASKA Alaska Department of Labor P.O.Box 1149 Juneau, AK 99802 (907) 465-2700 ARIZONA Industrial Commission of Arizona 800 W. Washington Phoenix, AZ 85007 (602) 255-5795 CALIFORNIA (after July 1,1989) California Department of Industrial Relations 525 Golden Gate Avenue San Francisco, CA 94102 (415)577-3356 HAWAII Hawaii Department of Labor and Industrial Relations 825 Mililani Street Honolulu, HI 96813 (808) 548-3150 INDIANA Indiana Department of Labor 1013 State Office Building 100 North Senate Avenue Indianapolis, IN 46204 (317)232-2663 IOWA Iowa Division of Labor Services 1000 E. Grand Avenue Des Moines, IA 50319 (515) 281-3447 KENTUCKY Kentucky Labor Cabinet U.S. Highway 127 South Frankfort, KY 40601 (502)564-3070 MARYLAND Maryland Division of Labor and Industry Department ,f Licensing and Regulation 501 St. Paul Place Baltimore, MD 21202 (301) 333-4176 MICHIGAN Michigan Department of Labor 309 N. Washington P.O. Box 30015 Lansing, MI 48909 (517) 373-9600 MINNESOTA Minnesota Department of Labor and Industry 444 Lafayette Road St. Paul, MN 55101 (612) 296-2342 NEVADA Nevada Department of Industrial Relations Division of Occupational Safety and Health Capitol Complex 1370 S. Curry Street Carson City, NV 89710 (702) 885-5240 NEW MEXICO New Mexico Environmental Improvement Division Health and Environment Department P.O. Box 968 Santa Fe, NM 87504 (505) 827-2850 NORTH CAROLINA North Carolina Department of Labor 4 West Edenton Street Raleigh, NC 27603 (919) 733-7166 i 38 BRB 0066 OREGON Accident Prevention Division Oregon Department of Insurance and finance Labor and Industries Building Salem, OR 97310 (503) 378-3304 PUERTO RICO Puerto Rico Department of Labor and Human Resources Prudencio Rivera Martinez Building 505 Munoz Rivera Avenue Hato Rey, PR 00918 (809) 754-2119-22 SOUTH CAROLINA South Carolina Department of Labor 3600 Forest Drive P.O. Box 11329 Columbia, SC 29211 (803) 734-9594 TENNESSEE Tennessee Department of Labor 501 Union Building Suite A, 2nd Floor Nashville, TN 37219 (615) 741-2582 UTAH Utah Occupational Safety and Health 160 East 300 South P.O. Box 5800 Salt Lake City, UT 84110 (801)530-6900 VERMONT Vermont Department of Labor and Industry 120 State Street , Montpelier, VT 05602 (802) 828-2765 VIRGIN ISLANDS Virgin Islands Department of Labor Box 890 Christiansted St. Croix, VI00820 (809) 773-1994 VIRGINIA Virginia Department of Labor and Industry P.O. Box 12064 Richmond, VA 23241 (804) 786-2376 WASHINGTON Washington Department of Labor and Industries General Administration Building Room 334-AX-31 Olympia, WA 98504 (206) 753-6307 WYOMING Wyoming Department of Occupational Health and Safety 604 East 25th Street Cheyenne, WY 82002 (307) 777-7786 39 BRB 0067 BRB 0068 CHAPTER TEN Sample Forms and Letters Substance Inventory Control Sheet Jobsite Name (if applicable): Date Purchased: Chemical Name:Synonyms: _________________________________ __ Trade Names: _Manufacturer Name: Address: ___ _:---------------------------------------------------------------------------------------------------------------------------------------------_______ ____________________________________ Telephone Number: Supplier Name: Address: __________ Telephone Number. Label Statements: MSDS Cross Reference Number: ! MSDS received with shipment? Yes No (If no, attach copy of letter sent to manufacturer requesting MSDS.) Updated MSDS received? Yes No If yes: Date received: Date new MSDS was added to MSDS file: Does MSDS contain new health or physical hazard information? Yes No Must new employee training be scheduled? Yes No Date training held: Where substance is used: Location Frequency Quantity Used By 1. 2_____________________ _______________________ 3 _________________________ _____________________________ _________ ^ 4 ----------------------------------------------------------------------------- ------------------------------------- ------------------------------------- 5. . ____________________ 6. _7 7__________________________ _____________________________ Completed by:__________Date: i As noted in theforeword to this manual the participating associations are presently involved in a legal challenge to the Hazard Communication Standard, rending the resolution of this litigation, the participating associations make no warranty that the information contained herein will necessarily be accepted by OSHA. 40 BRB 0069 Sample MSDS Information Posting The Occupational Safety and Health Administration requires all employers to make information on any hazardous chemicals in their workplace available to all employees. Vital information about the naturepf these substances, safety precautions, and emergency procedures may be found in the Material Safety Data Sheets (MSDSs). MSDSs For This Workplace Are Located At Location Location(s) Location(s) Person(s) Responsible for MSDS(s) Phone A copy of this company's written hazard communication program is located at Sample Letter Requesting an MSDS (*Place all letters on your company letterhead.) Date Name and Address of/ chemical manufacturer, importer or supplier Dear: In order to comply with the OSHA Hazard Communication Standard, we will need an accurate and current Material Safety Data Sheet for all hazardous products purchased from your company. The enclosed list shows the produces) for which we do not have an MSDS.' Please send us the MSDSs concerning these products. All correspondence should be directed to the address above. If you have any questions concerning this matter, please contact (name) at (telephone number, including area code). Thank you for your timely response to this request Sincerely, 41 BRB 0070 Follow-up Letter to Request lor MSDS (*Place on company letterhead.) Date Name and Address of/ chemical manufacturer, importer or supplier Dear: Recently we sent you a request for Material Safety Data Sheets on products purchased from your company. To date, we have not received the requested MSDSs. A second copy of the list of products for which we need MSDSs is enclosed. In order for our firm and yours to be in compliance with the federal Hazard Communication Standard, you must provide us with current, accurate MSDSs for all hazardous products we have purchased from you. Your prompt attention to this matter is appreciated. Sincerely, Purchase Order Requesting an MSDS TO: (Seller) RE: Purchase Order No. _for The OSHA Hazard Communication Standard requires us to maintain and distribute Material Safety Data Sheets (MSDSs) for all chemical substances and hazardous materials used by our employees. To meet these requirements, we request a current, completed MSDS for the following purchased items: ITEM NUMBER PRODUCT NAME (Identify chemicals by the item numbers and product names appearing on the purchase order, including any trade names, code numbers, or stock numbers.) MSDSs should be sent to the address below on or before the date the product(s) will be delivered to us. (shipping address or office address) 42 BRB 0071 Follow-up Letter to Purchase Order Request for MSDS (`Place on company letterhead.) Date 1 Name and Address of/ chemical manufacturer, importer or supplier Dear: Recently we requested current and complete Material Safety Data Sheets for the following items purchased pursuant to Purchase Order Number____' : ITEM NUMBER PRODUCT NAME (Identify chemicals by the item numbers and product names appearing on the purchase order, including any trade names, code numbers, or stock numbers.) In order for our firm and yours to be in compliance with the federal Hazard Communication Standard, you must provide us with current, accurate MSDSs for all chemicals we have purchased from you. Your prompt attention to this matter is appreciated. Sincerely, Sample Letter Requesting Additional MSDS Information Name and Address of/ chemical manufacturer, importer or supplier Dear: In an effort to comply with the OSHA Hazard Communication Standard, my company is seeking additional information on products produced by your company. The MSDS's forwarded to us appear deficient as follows: 1. Paint Thinner #340 -- no health effects listed. 2. Speedy Varnish -- no physical hazard listed. Please be advised that for us to comply with the Hazard Communication Standard and to provide adequate training for our employees, we must have complete MSDSs, particularly with reference to the above-identified items. Your cooperation will be appreciated. Sincerely, 43 BRB 0072 HAZARDOUS COMMUNICATION EMPLOYEE TRAINING T.OG BRB 0073 Sample Employee Training Record Jobsite (if applicable): ___________________________________________ Employee's Name: ______________________________________________ Department Trainer(s):___________________________________________ Date and Time of Training:_______________________________________ Substances Covered/Which Work Areas/Special Procedures Required: Employee's signature attesting to the training: Jobsite (if applicable): ___________________________________________ Employee's Name: ______________________________________________ Department Trainees):___________________________________________ Date and Time of Training:_______________________________________ Substances Covered/Which Work Areas/Special Procedures Required: Date: Employee's signature attesting to the training: Jobsite (if applicable): ___________________________________________ Employee's Name: ______________________________________________ Department Trainees):___________________________________________ Date and Time of Training:_________ ______ _________________________ Substances Covered/Which Work Areas/Special Procedures Required: i Employee's signature attesting to the training: 44 Date: Date: BRB 0074 Sample Letter to Other Contractors on the Same Construction Site (*Place on company letterhead.) Date I Name and Address of/ other contractor Dear----------------------------- : Employees of our company will be working on the (location) construction site at the same time as your company. Our employees may be in close proximity to hazardous substances your company may produce, store or use on site, in order to comply with the OSHA Hazard Communication Standard, all contractors who could cause hazard exposures to another company's employees are required to exchange information about the hazardous chemicals used on site. Please advise us where your MSDSs are kept and give us any information regarding any precautionary measures needed to protect employees, any foreseeable emergency situations, and your labeling system used in the work site. All correspondence should be directed to the address above. We are enclosing similar information on the hazardous chemicals our company will have on the site. Thank you for your timely response to this request. If you have any questions concerning this matter, please contact (name) at (telephone number, including the area code). Sincerely, Follow-up Letter to Other Contractors on the Same Construction Site (*Place on company letterhead.) *' Date Name and Address of/ other contractor Dear: Recently we requested that you advise us where your MSDSs are kept for all hazardous substances produced, used or stored on (location) construction site. We also requested information regarding any precautionary measures to protect employees during normal operations and in foreseeable emergencies and your labeling system used on the work site. In order for your firm and ours to be in compliance with the OSHA Hazard Communication Standard, we must receive the requested information. Your prompt attention to this matter would be appreciated. Sincerely, 45 BRB 0075 FEDERAL REGISTER BRB 0076 Monday August 24, 1987 r Part III Department of Labor Occupational Safety and Health Administration 29 CFR Parts 1910, 1915, 1917, 1918, 1926, and 1928 Hazard Communication; Final Rule 47 BRB 0077 31B52 Federal Register / Vol. 52, No. 163 / Monday, August 24, 1987 / Rules and Regulations DEPARTMENT OF LABOR themselves, are available from the Committee submitted its final report to OSHA Docket Office, Dockets H-022 the Assistant Secretary for Occupational Safety and Health end H-022D, Occupational Safety and Occupational Safety and Health which Administration Health Administration. 200 Constitution recommended categorization and 29 CFR Parts 1910,1915, 1917,1919, 1926, and 1928 Avenue. NW., Room N3G70, Washington. DC, 20210; telephone (202)523-7894. ranking of chemical hazards, as well as provisions for labels, material safety data sheets, and training programs for IDockat No. H-0220) Hazard Communication .agency: Occupational Safety and Ffealth Administration (OSHA); Labor. action: Final rule. I. Background A. History of OSHA's Hazard Communication Standard When Congress passed the Occupational Safety and Health Act of 1970.29 U.S.C. 651 el seq. (the Act), it all workers. The National Institute for Occupational Safety and Health (N10SH) published a criteria document in 1974 which also recommended a standard to OSHA. The document, entitled "A Recommended Standard ... summary: OSHA Is revising its Hazard Communication Standard (HCS) (29 CFR 1910.1200), which currently applies to the manufacturing sector, to cover all employers with employees exposed to hazardous chemicals in their workplaces. Expansion of the scope of the HCS requires non-manufacturing employers to establish hazard communication programs to transmit information on the hazards of chemicals to their employees by means of labels on containers, material safety data sheets, and training programs. This action will reduce the incidence of chemically-related occupational illnesses and injuries in non manufacturing workplaces. dates: Effective September 23,1887. The revised standard published today requires that chemical manufacturers, importers, and distributors ensure that material safety data sheets are provided with the next shipment of hazardous chemicals to non-manufacturing employers or distributors after September 23.1987. All employers in the non-manufacturing sector are to be in compliance with all provisions of the standard by May 23,1988. FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, Office of Information and Consumer Affairs, Occupational Safety and Health Administration. 200 Constitution Avenue. NW., Room N3B37, Washington. DC, 20210; telephone (202)523-8151. SUPPLEMENTARY INFORMATION: References to the rulemaking record are made in the text of this preamble, and the following abbreviations have been used: included language in section 6(b)(7) An Identification System for stating that any occupational safety or Occupationally Hazardous Materials." health standard promulgated by the included provisions for labels and Secretary of Labor under section 6(b) material safety data sheets. rulemaking authority "shall prescribe In 1976, Congressman Andrew the use of labels or other appropriate Maguire from New jersey and the forms of warning as are necessary to Health Research Group petitioned insure that employees are apprised of all OSHA to issue a standard to require the hazards to which they are exposed, labeling ofall workplace chemicals. The relevant symptoms and appropriate House of Representatives' Committee on emergency treatment, and proper Government Operations (1976 and 1977) conditions and precautions of safe use recommended that OSHA enforce Ihe or exposure." Whenever OSHA has health provisions of the Act by requiring promulgated a substance-specific rule to manufacturers to disclose any toxic address the hazards of a particular ingredients in their products, and by chemical, this Congressional directive requiring all employers to disclose this has been followed. However, given the information to workers. universe of chemicals present in On january 28,1977, OSHA initiated American workplaces (as many as the public participation phase of the 575.000 hazardous chemical products), rulemaking process on these issues by and the time-consuming nature of publishing an advance notice of OSHA's rulemaking process, it soon proposed rulemaking (ANPR) on became clear that little information chemical labeling in the Federal Register would be available to employees if this (42 FR 5372). The ANPR requested substance-by-substance approach were comments and information on the need the only one pursued. The Agency thus for such a standard, and the particular decided to address the issue of hazard provisions that should be included. The information transmittal on a generic Agency received eighty-one comments. basis. OSHA's experience, as well as Most supported the need for the rule, but our rulemaking record to date, supports opinions as to the specific approaches to the view that when employees have be pursued varied significantly. access to. and understand, the nature of On january 16.1981. OSHA published the chemical hazards they are exposed a notice of proposed rulemaking (NPRM) to during the course of their entitled "Hazards Identification" (46 FR employment, they are better able to 4412). The rule would have required participate in their employers' protective manufacturing employers to assess the programs, and take steps to protect hazards in their wort^i'aces using themselves. In addition, providing specified procedures, and to label employers with complete chemical containers. The requirements were quite hazard information enablr-. them to different from the comprehensive better design and implement protective approach previously recommended by programs. Together these actions will the Standards Advisory Committee and result in more effective worker N10SH as they did not include protection and the occurrence of fewer provisions for material safety data sheet H-022. Ex.: Exhibit number in Docket illnesses and injuries due to exposure to development or training. H-022. which includes Dockets H-022A chemicals. See. e.g., 48 FR 53282-84. OSHA withdrew the NPRM on and H-022B. 53321. 53323-24, 53327-29 (Nov. 25. February 12.1981 (46 FR 12214) for Ex.: Exhibit number in Docket H-022D 1983); 47 FR 12093-12101 (Mar. 19.1982). further consideration of regulatory for exhibits collected since Ihe 1985 In 1974. OSHA established a alternatives. A new NPRM was Court remand. 1 Standards Advisory Committee on published on March 19.1982, and was Tr.: Public hearing transcript page Hazardous Materials Labeling under entitled "Hazard Communication" (47 number. section 7(b) of the Act to develop FR 12092). It proposed to require Copies of the official list of entries in guidelines for Ihe implementation of producers of chemicals to evaluate them the record, as well as the exhibits section 6(b)(7). On June 6.1875, the to determine their hazards, label 48 BRB 0078 Federal Register / Vol. 52, No. 163 / Monday, August 24, 1987 / Rules and Regulations 31B53 containers, and provide material safety developed in the manufacturing sector data sheets to manufacturing purchasers first, regardless of the eventual coverage of their products. The standard also of the rule. OSHA believed that proposed that all employers in the. requiring the development of the manufacturing sector have a hazard chemical hazard information in communication program, label in-plant manufacturing would lead to its containers, maintain and provide access increased availability in the other to material safety data sheets, end train sectors without the standard specifically workers. The proposal also invited requiring the transmittal of hazard comments on whether non- Information to those sectors. The manufacturing employers should be Agency acknowledged that hazardous subject to the rule. chemicals are pervasive throughout Following a period for written comments, informal public hearings, and a post-hearing comment period. OSHA published the final Hazard Communication Standard on November 25.1983 (48 FR 53280). The provisions of the final rule are very similar to those described above for the proposal, i.e.. chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import, and all manufacturers are required to have hazard communication programs for their employees exposed to hazardous chemicals. This comprehensive standard was designed to reduce the hazards faced by industry and that chemical source Injuries and illnesses have been recorded in all industry sectors. See. e.g.. 48 FR 53282-87. See also United Steelworkers I, 783 F.2d at 737. The Agency planned to make a decision regarding the explicit coverage of the non-manufacturing sectors once the HCS was in effect, and a determination could be made as to whether the other industries were, in fact, obtaining the information they needed. OSHA believed that the Act gives the Secretary of Labor and the Agency the authority to regulate the most hazardous industry first under section 8(g), 29 U.S.C. 655(g), which states in part: manufacturing workers when they In determining the priority for establishing handle chemicals without adequate standards under this section, the Secretary information on, among other things, the physical and health hazards of the chemicals, safe handling precautions, and emergency and first aid procedures. See. e g., 48 FR 53321. OSHA fouRd that shill give due regard to the urgency of the need lor mandatory safety and health standards for particular industries, trades, crafts, occupations, businesses, workplaces or work environments. inadequate communication regarding B. Court Challenges chemical hazards presents a significant risk to workers. See. e.g.. 48 FR 53321. Accord United Steelworkers ofAmerica r. Auchter. 763 F.2d 728.735 (3d eir. 19G5) [UnitedSteelworkers I) ("[IJnadequale communication is itself a hazard, which the standard can eliminate or mitigate"). The HCS was challenged in the U.S. Court of Appeals for the Third Circuit (hereinafter referrred to as "the Court" or "the Third Circuit") on several grounds. The Court issued Its decision on Mav 24,1985 [United Steelworkers I. 763 F.2d 728 (3d Cir. 1985)). The standard was upheld in most respects, OSHA decided to limit the scope of but three issues were remanded to the coverage of the HCS to the Agency for reconsideration. The manufacturing sector based on an decision was not appealed. analysis of the chemical source Illnesses First, the Court concluded that the and injuries occurring in each industrial definition of trade secrets incorporated sector. (See discussion at 48 FR 53284- by OSHA included chemical identity BO.) In particular, since the purpose of information that was readily the standard is to reduce the occurrence discoverable through reverse of such incidents. OSHA determined engineering and. therefore, was that the rule should locus on those "broader than the protection afforded industrial sectors where they are trade secrets by state law." The Court recorded most frequently. The Agency directed the Secretary of Labor to found that over half of these incidents reconsider a trade secret definition occur in manufacturing, although which would not include chemical manufacturing accounts for only about identity information that is readily 30 percent of total employment. Thus discoverable through reverse OSHA decided that the greatest need for engineering. Second, the Court held the transmittal of chemical hazard trade secret access rule in the standard information is in the maliufacturing invalid insofar as it limited access to sector. The Agency further recognized health professionals, but found the that since chemicals are developed and access rule otherwise valid. The produced In the manufacturing sector, Secretary was directed to adopt a rule the hazard information would have to be permitting access by employees and their collective bargaining representatives to trade secret chemical Identities. OSHA complied with the Court orders regarding the two trade secret issues in a separate rule, published in final form on September 30. 1988 (51 FR 34590). The third issue remanded to OSHA involved the scope of the standard's coverage. As noted, the HCS currently applies to employers and employees in the manufacturing sector. The Court rejected the Secretary's contention that section 6(g) gave him the flexibility to regulate the most hazardous sector first before commencing rulemaking for other sectors in which workers are exposed, to a lesser extent to the same hazards. The Court agreed that section 6(g) "clearly permits the Secretary to set priorities for the use of the Agency's resources, and to promulgate standards sequentially." 763 F.2d at 738. The Court also acknowledged that "there is substantial evidence in the record that the manufacturing sector has the highest incidence rate of chemical exposures which the Agency has authority to regulate." Id. at 737. However, the Court held that it is not enough merely to establish that the sector selected for coverage presents greater hazards than those that have been left for later rulemaking. Given the record evidence of high levels of exposure to hazardous chemicals in several job settings outside the manufacturing sector, the Secretary was required to explain "why coverage of workers outside the manufacturing sector would have seriously impeded the rulemaking process" or "why it is not feasible for the same standard to be applied in other sectors where workers are exposed to similar hazards." Id. at 738. The Court was not persuaded that the HCS would provide protection to uncovered workers because chemical hazard warnings would be found on container labels and detailed information on material safety data sheets would become increasingly available in the unregulated sectors as a result of being required in manufacturing. Id. There was considerable record evidence that indicated that workers in the non manufacturing industries are exposed to chemical hazards. The Court concluded that the Secretary had not stated why it would not be feasible to require employers in non-manufacturing industries to give workers material safety data sheets and training as required in the manufacturing sector. Id. The Court maintained that the Act required an explanation why the same information, that is, labels, material 49 31834 Federal Register / Vol. 52, No- 163 / Monday. August 24. 1907 / Rules and Regulations safety data sheets, and training, is not manufacturing, there was a need for Steelworkers ofAmerica. AFL-CtO- needed for workers in other sectors more direct evidence of the feasibility of CLC v. Pendergrass. No. 85-3554 |3d similarly exposed to hazardous expanded coverage, particularly in the Cir.) [United Steelworkers /!). The Court chemicals. Id. at 738-39. Therefore, as area of economic feasibility. declared that adequate notice had been previously indicated. OSHA was directed by the Court to reconsider the application of the standard to employees in the non-manufacturing industries and to order its application to these other sectors unless the Secretary can state reasons why this application would not be feasible. It should be noted that in previous OSHA litigation, the Courts have defined "feasibility" in terms of OSHA rules as meaning "capable of being done." American Textile Manufacturers Institute v. Accordingly. OSHA believed it was necessary and appropriate to initiate further rulemaking. OSHA commissioned a study of the economic impact of extending the HCS to the fifty major non-manufacturing industry gToups within its jurisdiction, and issued an Advance Notice of Proposed Rulemaking (ANPR) seeking public comment on present hazard communication practices outside manufacturing, and the likely impact of extending the HCS to industries provided to non-manufacturers during the original rulemaking that they mightbe covered by the HCS, id. slip op. at 710,16-17, that the answers to the remaining questions OSHA may have had regarding feasibility were "selfevident" or "readily ascertainable" from the original record, id. at 15,17. and that further fact finding was "unnecessary". id. at 15. The Court ordered the Agency lo issue, within 60 days of its order, "a hazard communication standard Donovan. 452 U.S. 490.508-509 significantly different from the applicable to ail workers covered by the (1980](ATM1). prototypical manufacturing worksites on OSHA Act. including those which have .OSHA decided not to appeal this which the original standard was based. not been covered in the hazard decision. As stated in the preamble to 50 FR 48794 {Nov. 27.1985). Over two communication standard as presently the final rule (48 FR 53286): hundred responses were received. Based written, or a statement of reasons why. It should be emphasized that the Agency does not believe that employees in other on this newly acquired evidence and on on the basis of the present the previous rulemaking record. OSHA administrative record, g hazard industries art not exposed to hazardous chemicals, or that they should not be informed of those hazards. OSHA has merely exercised Its discretion to establish rulemaking priorities, and chosen to first regulate those Industries with the greatest demonstrated need. OSHA was prepared to evaluate the HCS' effectiveness in getting information to downstream employers, and to extend the standard if necessary. In fact, the Agency initiated the process was in the process of drafting a proposed rule which it expected to publish for notice and comment, followed by promulgation of a final rule in early 1988. On )anuary 27.1987. however, the United Steelworkers of America, AFLCIO-CLC and Public Citizen, Inc.. petitioners In the 1985 challenge, filed a Motion For An Order Enforcing The Court'i Judgment and Holding Respondent In Civil Contempt. communication standard is not feasible." Id. at 19. OSHA is responding to the Court order by issuing this final rule expanding the scope of the HCS' coverage to all workers within OSHA's jurisdiction. OSHA continues to believe that it should have been permitted to follow the rulemaking procedures In the Act by issuing a notice of proposed rulemaking and developing a public record prior to on March 4,1985. prior to the Court Petitioners claimed that the Court's 1985 promulgating a final rule. However, as decision, when the Assistant Secretary order had not authorized OSHA lo discussed in the following section asked the National Advisory Committee embark on further fact gathering: that regarding feasibility, the Agency does on Occupational Safety and Health OSHA should have made a feasibility not have sufficient evidence in the (NACOSH) to give OSHA its determination on the 19B5 rulemaking current record to indicate that the rule recommendation on the need and feasibility of expanding the scope of the HCS to other industries. On |une 21, 1985. NACOSH adopted the following recommendation: | NACOSH) strongly endorses the OSHA effort to promulgate a Hazard Communication Standard and selection of the manufacturing sector for Its initial scope of coverage. It fs the consensus recommendation of the Committee that the scope of the current Hazard Communication Standard should be expended to cover all employees In all industries at is early a time s possible. Complete implementation may require phasing in gradually. The BLS |Bureau of Labor Statistics) incidence rates of record. Petitioners also argued that even if further fact gathering had been allowed by the Court's order, OSHA's pace was unduty slow. In response. OSHA noted that the " Court's 1985 order did not specify that OSHA should act on the then-existing record. OSHA believed that seeking further evidence on feasibility in non manufacturing was appropriate in tight of its statutory obligation to Issue rules that are well grounded in a factual record. OSHA also asserted that, consistent with Supreme Court precedent, the Agency should be permitted to exercise its discretion in would be infeasible for any part of the non-manufacturing sector. OSHA recognizes that information submitted during a norma) rulemaking process might have resulted in further changes to the provisions to better address feasibility or practicality concerns. In light of the fact that there may be additional information regarding the feasibility or practicality of the rule ss it applies to some non-manufacturing sectors, the Agency invites persons to provide such information and any recommendations for further rulemaking within sixty days of the date of occupational illnesses, and other appropriate determining the appropriate rulemaking publication of this final rule. OSHA will factors, should be primary considerations in expanding the coverage. The Committee further recommends that OSHA establish a task force to address these issues. Meanwhile, OSHA'* review of the rulemaking record showed that while there was considerable evidence concerning the need for halard communication in other industries, snd general support for a finding that the HCS would be feasible for non procedures for complying with the Court's remand order. Lastly, the Agency argued that its schedule to complete the rulemaking was reasonable and did not constitute undue delay. On May 29.1987, the Court issued a decision holding that the Court's 1985 remand order required consideration of the feasibility of an expanded standard without further rulemaking. United then evaluate these submissions and determine whether any additional rulemaking Is required. Data or evidence related to feasibility should be addressed to: Directorate of Health Standards Programs. Occupational Safety end Health Administration. Attention: Hazard Communication. 200 Constitution Avenue. NW,, Room N371R. Washington. DC. 20210. 50 BRB 0080 Federal Register / Vol. 52. No. 163 / Monday. August 24. 1987 / Rules and Regulations 31855 C. Feasibility of the Standard In the context of OSHA standard setting, feasibility constraints limit the extent to which standards can address health and safety concerns within the workplace. Section 6(b)(5) of the Act. 29 U.S.C 655(b)(5). Feasibility analysis involves an inquiry to determine whether a standard is both technologically and economically capable of being done. ATM/. 452 U.S. at 512-13 and 513 n.31 (1980). As the Third Circuit has indicated, "the Secretary was able to determine that the hazard communication standard could feasibly be applied in the manufacturing sector." United Steelworkers 11. slip op. at 16. The Court further noted that OSHA had concluded in the Final rule that importers and distributors could feasibly comply with the HCS based on the evidence in the record and that "this is equally true of all non-manufacturer user employers. Plainly, the ease with which the same information can be utilized by those employers can be easily determined from the information already in the record." Id. at 18. The Third Circuit has ordered expansion of the HCS to all workers unless OSHA can give reasons why the HCS is infeasible for particular industries, and has forbidden OSHA from gathering further evidence. OSHA concludes that the original HCS rulemaking record (Docket H-022), does not contain credible evidence indicating the standard would be infeasible for any industrial sector. In fact. OSHA believes that the original record on the whole supports a finding that the performance-oriented HCS is feasible for all industries. In addition, the Agency's experience under the present HCS and other pertinent OSHA standards, the promulgation and implementation of Stale and local rightto-know laws, and evidence and data gathered by the Agency since the 1985 Court order (Docket H-022D], further supports OSHA's conclusion that non manufacturing employers are "capable" of implementing the HCS for their employees potentially exposed to hazardous chemicals. OSHA found that the HCS is technologically feasible for manufacturers, and believes it is clearly technologically feasible for non manufacturers ss well. Twelve of the OSHA-approved Stale plan States have already extended the rule to cover the non-manufacturing sector, and the requirements are being enforced in those States as workplace standards. This experience provides practical evidence of the technological feasibility of the requirements of the rule. The more technical aspects of the standard-- scientific evaluation or chemicals to determine their hazards and creation of material safety data sheets and warning labels--remain a burden on those producing or importing hazardous chemicals. The technical expertise needed to develop the chemical hazard information, and its associated costs, is subsumed within the current rule covering manufacturers, and it has been found feasible. All other requirements in the HCS, such as maintaining material safety data sheets, developing a written hazard communication program, and designing and implementing chemical hazard training, are conventional and common business practices that are administrative in nature, and no technological barriers prevent their development and implementation. OSHA has mandated such practices for some non-manufacturing workplaces since the early 1970's. See. e.g., 29 CFR 1915.97 (requiring material safety data sheets and chemical hazard training for shipyard workers): 1917.22 (requiring marine terminal workers be instructed as to the chemical hazards presented by cargo); 1918.66 (requiring chemical hazard instruction for longshore workers): 1926.21 (requiring chemical hazard training for construction workers). See. also. H-022. Ex. 99 (journal article regarding usefulness of material safety data sheets, written by Dow Chemical Company representatives and published in December 1957). OSHA also believes that the economic feasibility of extending the current HCS to the non-manufacturing sector is supported by the record. Simply put. economic feasibility is established by evidence that the standard will not threaten the regulated industry's "long term profitability." A TM1, 452 U.S. at 531 n.55. Costs associated with expanding the standard to cover non manufacturing workpieces will stem from the initial start-up costs and the less substantial recurring program implementation and upkeep costs for: maintaining material safety data sheets received from manufacturers. Importers, distributors, and other employers; creating labels for in-house containers of hazardous chemicals; developing a written hazard communication program, including a list of hazardous chemicals present in the workplace; and developing and implementing chemical hazard training. After careful analysis of the original HCS rulemaking record. OSHA concludes that, as a whole, it supports a Finding that non-manufacturers are economically capable of providing employees chemical hazard information in the manner prescribed by the HCS. As noted previously, development of the evidentiary record for the HCS began as early as 1974. In that year. N10SH recommended that OSHA adopt a standard requiring all employers to implement a system of labels, placards and material safety data sheets in their workplaces to inform employees about the chemical hazards to which thev may be exposed. (H-022, Ex. 4). The NIOSH recommended standard, like the HCS. included requirements that employers ensure that chemicals in the workplace are marked with hazard warnings and that material safely data sheets are "filed in the establishment" where they are "readily available for examination by workers". Id. at 3. This hazard identification and warning system was designed to additionally "help in the education of employees and provide the data necessary for employers to take proper action to safeguard their employees." Id. at 1. NIOSH concluded that such a chemical hazard communication program was appropriate for all employers. See. also comments of the Air Transport Association. H-022. Ex. 5-3 ("(T]he airlines have no general objection to the (NIOSH) Criteria . . . (except that it) should clearly delineate the responsibility of the manufacturer supplying the necessary data on the Material Safety Data Sheets"). The 1975 report of the Standards Advisory Committee on Hazardous Materials Labeling (H-022. Ex. 3). recommended a "total system" approach to chemical hazard communication not unlike the comprehensive approach of the current HCS. The Advisory Committee, which included representatives of non manufacturers. recommended labeling and placarding systems, the creation and availability of material safety data sheets, and employee education and training programs for alt workers potentially exposed to hazardous chemicals. The Committee recognized that these practices "are not new and novel concepts" but "well established in many industries and professional associations as well as regulated by various governmental agencies and international agreements." Id. at 3. The Advisory Committee made "no distinction among employees in different sectors of the economy." United Steelworkers 11, at 7. As the Court has stated, id. at 8. the 1977 ANPR requested public comment from all interested persons on whether a chemical hazard communication standard should be promulgated by 51 31856 Federal Register / Vol. 52, No. 163 / Monday. August 24, 1987 / Rules and Regulations OSHA. Comments on the Standards to employees, and providing information safety data sheet policy and program. Advisory Committee's recommended and training to employees regarding the "|U]nder this progrem. a material safety standard were specifically requested. chemical hazards present in the data sheet is recognized as a basic Although OSHA did not receive workplace to be economically feasible. source of information for practical comment from employers in every See, also H-022, Exs. 2A-2 (Schirmer health, safety and environmental industrial sector, those non Engineering Corporation); 2A-31 (Union information. The MSDS whether manufacturers that did respond Electric Company); 2A-32 (Texaco); 2A- generated internally or obtained from a supported a comprehensive hazard 36 (American Trucking Association. supplier is used to communicate communication system for their Inc.). relevant data within the company and to workplaces. For example. Sea-Land Moreover, comments received from outside customers. It is the Service, Inc. (H-022, Ex. 2A-6), non-manufacturers at later stages of the responsibility of our various operating supported requirements for container original rulemaking also indicate they companies to distribute copies of each labels (consistent with transportation are capable of implementing the MSDS to customers and company labels already in place), the availability performance-oriented HCS. In fact, there facilities for employee instruction and/ of material safety data sheets to persons are comments which indicate that many or information." Tr. 2439. Their company in the workplace, and Individual training of these requirements were already facilities include such non- programs. Panhandle Eastern Pipe Line being implemented in the non- manufacturing operations as petroleum Company (H-022. Ex. 2A-7) and manufacturing sector. production. Truckline Gas Company (H-022. Ex. 2A- For example, the Western Agricultural Similarly,Exxon. Inc. testified that it 9) both "agree[d] that employees need Chemicals Association indicated that its too provides material safety data sheets information about the product with members provide material safety data to all customers: "(W]e consider a which they work" and that this could be sheets to anyone who requests them, material safety data sheet a matter of accomplished by requiring suppliers of including customers in the non public information that's part of our hazardous chemicals to label containers manufacturing sector (Tr. 2873). Their literature, regularly available to anyone with the "degree and nature of the representative further stated that "(i)n who requests it." Tr. 1708-09. See. also. hazard" and by requiring user the agricultural field, 1 would say most Shell testimony at Tr. 1712 and 2500, and employers to "inform employees of the technical products have material safety Uniroyal Chemicals at Tr. 1464. hazard." Those companies had already data sheets. I would say maybe 75% to Therefore, based on the developed "a special manual of data for 80% of the inerts have them . . ." (Tr. recommendations of NIOSH, the all chemicals, solvents and cleaners 2881). Standards Advisory Committee and the used in (their) operations and There was also testimony from comments received from non maintenance." employee representatives, including manufacturers and their representatives Wisconsin Electric Power Company those in the non-manufacturing sector participating in the lengthy rulemaking. (H-022. Ex. 2A-30), stated that given such as airline mechanics, that they OSHA concludes that the original record adequate labels and material safety requested and were able to obtain as a whole indicates that non- data sheets from chemical material safety data sheets from manufacturers are capable of complying manufacturers and suppliers, chemical manufacturers for products in use in with the HCS. As long as chemical users such as they "would be in a their facilities. Tr. 2819-21, 3131, 3828. suppliers provide adequate chemical position to prepare their own Material One union testified that a joint hazard information in the form of labels Safety Data Sheets, hazard placard employee-employer safety committee and material safety data sheets to non systems, proper labeling of auxiliary received every material safety data manufacturers using the chemicals, and secondary containers and training sheet it requested, and that the union those user employers, like the of personnel who.may use or otherwise then trained workers to be able to use manufacturers who use hazardous contact this material." Recognizing the the information. Tr. 2624-A. chemicals which they themselves did need for "proper labeling, storage, Another non-manufacturing union not manufacture or import, can develop handling and instructions in the use of representative, the International hazard communication programs and hazardous materials." Wisconsin Brotherhood of Painters and Allied provide employees information and Electric Power Company had already Trades, indicated that it shared training on the chemical hazards in the "developed and put into effect a collected material safety data sheets workplace. Hazardous Materials Control Program." with employers who needed such In light of the evident in the original Southern Gas Association (SGA) (H- information. "(Tjo contractors who rulemaking record. OSHA concludes 022. Ex. 2A-7S) also believed that make requests of us for information, we that non-manufacturers can incorporate suppliers and manufacturers of do provide them material safety data the HCS' administrative practices and hazardous materials should be required sheets, write-ups on the chemicals and provide chemical hazard information to to provide proper labeling, warnings and the products . . . We do everything-- their employees. OSHA believes all other hazard information to all our union does everything they can as a employers can ensure that containers of employers using these materials. SGA service to our contractor members to chemicals are maintained with proper further suggested that OSHA promulgate provide them with the Information they hazard warnings just as an employer a standard directing all employers "to need to operate safely. . . ." Tr. 2101-2. would maintain labels or marks on establish required training for Other large companies with containers to ensure that employees employees that may handle or otherwise manufacturing as well as non comprehend their contents and intended be exposed to any hazardous materials." manufacturing establishments testified uses. Likewise, all employers are able to These comments and others filed in that information was made available acquire and maintain up-to-date response to OSHA's 1977 ANPR indicate throughout their corporations, and they material safety data sheets for that many non-manufacturers consider provide information to all customers hazardous chemicals just as they are maintaining labels received on chemical regardless of industry. For example. able to acquire and maintain up-to-date containers, making material safety data Atlantic Richfield Company testified cost information and performance sheets received from suppliers available that they have a company-wide material specifications on those very same 52 Federal Register / Vol. 52. No. 163 / Monday, August 24, 19B7 / Rule9 and Regulations 31857 chemicals. OSHA also concludes that it is feasible for employers to inform and train their workers regarding the chemical hazards present in the workplace just as employers are capable of training their workers to perform their jobs in an efficient and speedy manner. These conclusions are further supported by the experience and evidence gathered by the Agency since promulgation of the HCS for manufacturers in 1983. At this time. OSHA has no evidence indicating that the profitability of manufacturers generally, or even chemical manufacturers in SIC 28 fby far the most economically burdened by the HCS. see 48 FR 53333). has been threatened by complying with the HCS. Manufacturers have had the considerable costs of evaluating, collectively, hundreds of thousands of chemicals for their hazards and creating corresponding labels and material safely data sheets since November 1985. as well as the costs of implementing an in-plant program by May 1986. After thorough analysis. OSHA determined that the current HCS would not impose a substantial burden on manufacturers end that the HCS was economically feasible for them. See 48 FR 53333. Experience to date tn Implementation of the rule supports that finding. For example, if manufacturers were experiencing significant feasibility problems in complying with the rule, OSHA would have expected to receive numerous substantive comments regarding those problems in response to the 1985 ANPR questions addressing feasibility concerns. However, although some manufacturing employers objected to some requirements, substantive comments demonstrating infeasibllity were not received, which appears to support OSHA's conclusion that compliance with the HCS was. and continues to be. economically feasible for manufacturers and indicates the standard is also feasible for non* manufacturers. In fact, some manufacturers'took the opportunity to state their continuing support for the rule and its requirements. See. eg.. H022D. Ex. 2-14. (The Chemical Manufacturers Association "strongly believes that the substantive provisions of the Hazard Communication Standard are sound as a matter of science and policy."); Ex. 2-67 (Economics Laboratory. Inc. "considers hazard communication worth the effort.") Generally, the HCS cdsts to nonmanufacturers would be a function of the number of hazardous chemicals in the workplace, and the number of employees exposed to hazardous chemicals. If employees are not Communication Standard are potentially exposed to hazardous economically feasible for all of the non chemicals In a particular work manufacturing industries. operation, the proposed standard does OSHA iB also aware that many not apply. Also, to the extent that employers in the manufacturing sector employers are voluntarily providing have been able to satisfy some of their information, or providing information in responsibilities under the HCS by using order to comply with other regulations compliance materials obtained from or laws, this should significantly reduce various sources. Trade associations, for the burden of compliance with this rule. example, have frequently been Approximately 32 States and several instrumental in assisting their members localities already have hazard in developing programs suitable for their- communication/right-to-know laws type of industrial facility. This is covering non-manufacturing industries particularly appropriate given the indicating that many others seeking to performance orientation of the HCS; and protect the safety and health of workers the flexibility employers are permitted have concluded that industry can to design appropriate compliance comply with these types of programs. Sample written programs and requirements. In fact, as evidenced in other written materials, as well as the original rulemaking record, many training programs regarding the companies involved in Interstate requirements of the rule, have been commerce would benefit from developed and provided to association promulgation of a uniform Federal members and have facilitated standard as it would preempt different compliance efforts. The ability of and potentially conflicting Slate and associations to accomplish this local laws and lessen overall successfully demonstrates technical compliance burdens. 48 FR 53283. See feasibility and enhances economic also, e g.. H-022D. Ex. 2-83 (The feasibility. Trade associations in states American Gas Association "believes covering non-manufacturing workplaces that a Federal Standard, rather than a under their right-to-know rules have also variety of differing state regulations, been able to develop materials to assist would best serve the needs of the their members to comply. Materials natural gas industry, the employees In developed for these State laws or for the our industry, and the general public as manufacturing sector under the current well."); Ex. 2-108 (The National HCS could be adapted for the non Constructors Association has found that manufacturing workplaces newly "[i]t has been nearly impossible to covered by the HCS. establish uniform interstate policy" and There have also been a number of "can clearly see the wisdom of having services provided by consultants in the one workable/cost-effective government private sector. These range from very regulation that addresses hazard specific items, such as computer communication.") programs to manage information, to a Although the original HCS record contained no evidence to indicate the HCS would be economically infeasible for non-manufacturing. OSHA recognized that potential feasibility concerns could arise, for example, with small businesses, businesses with large employee turnover (such as retail stores and construction companies), and comprehensive compliance strategy, where a consultant will devise an entire program to enable a facility to comply. Such services will often minimize the burden of compliance by minimizing the time the facility staff must spend to develop and implement a program. The availability of such programs also provides support for the conclusion that businesses with rapid turnover of the rule is feasible. hazardous chemicals in the workplace For large companies, the burden per (such as warehouses and marine cargo facility will often be minimized by operations). However, based on the corporate development of a original HCS rulemaking record, and standardized program. It can be additionally based on: (1) The apparent expected that most corporations with successful implementation of the present multiple facilities will use this approach HCS by manufacturers; (2) the (this has occurred in the manufacturing Implementation of other Federal sector as well). communication standards and of State Therefore. OSHA concludes that plan States' laws by non-manfacturers; similar resources will be available to and. (3) on regulatory impact and employers in the non-manufacturing regulatory flexibility analyses prepared sectors, which further demonstrates that by the Agency since the 1985 Court the rule is feasible for implementation in order and summarized in Section 111 of all sectors. In fact, given the pre-existing this document. OSHA concludes that the coverage of non-manufacturing under provisions in the current Hazard various slate rules, and the extent of the 53 31858 Federal Register / Vol. 52. No. 163 / Monday. August 21, 1907 / Rules and Regulations materials developed in response to the current HCS which would also be applicable in non-manufacturing, additional development of such materials should require considerably less effort and be easier for nonmanufacturers to obtain. Nevertheless. OSHA recognizes that the unique characteristics of some businesses render certain provisions of the current standard unnecessary or ineffective in communicating the hazards of chemicals to workers. The Agency has thus made some modifications to the standard to ensure that Its provisions are practical and effective in communicating hazards to all workers. Cf.AtMl. 452 U.S. at 531 n.32 (OSHA may use cost-effectiveness anslyses and choose the leas costly of two equally effective standards). The inclusion of these "tailoring" provisions is consistent with the Agency's action in tailoring the original HCS to make it practical and cost-effective for ail manufacturers. See 29 CFR 1910.1200(b) (3)--(5|. Now that the coverage of the standard is being expanded to non manufacturing employers as well, it Is necessary to tailor the standard to the unique characteristics of these nonmanufacturing employers. The tailoring provisions, explained in Section II of this preamble, are based on the original record in the HCS rulemaking, and also on Agency experience in implementing the current rule; State plan State experience in implementing expanded versions of the current rule; and comments submitted to the Agency In response to the ANPR published in November 1985. OSHA believes that the knowledge and experience gained during the past few years of implementation and enforcement of the current rule must be taken into consideration when crafting a rule to appropriately apply to the nonmanufacturing sector. The Agency's position is that all employees are entitled to information regarding the chemical hazards they are exposed to in the workplace, and that a uniform Federal hazard communication standard is the best method to ensure that information is provided. This position is consistent with the Act (protecting all employees to the extent feasible), as well as with the Court's decision upon review of the rule. Therefore, this final rule addressee communicating chemical hazard* to all exposed employees. It should be emphasized that in preparing a detailed regulatory impact analysis for the expansion of the scope of the HCS. OSHA has accumulated evidence to indicate that some employees in every SIC code Safety and Health met to discuss a draft designation are exposed to hazardous proposed standard prepared by OSflA chemicals, and that it ia therefore not to expand the scope of the HCS to the appropriate to exempt any particular non-manufacturing industries. The draft industry sector. For example, OSHA has proposed rule was very similar to the received suggestions that retail final standard being promulgated herein. establishments be exempted since OSHA has reviewed the employee exposure to chemicals is recommendations of the Construction believed to be unlikely in these type* of Advisory Committee, and incorporated facilities. However, there is testimony in a number of the suggested revisions into the original rulemaking record from the this document to tailor the rule for the United Food and Commercial Worker* construction industry, and for other International Union (Tr. 3088-97) that industries which have similar concerns demonstrates that workers in such due to similar differences in work facilities are exposed to hazardous operations from the typical chemicals, and therefore do need the manufacturing establishment. Other protections afforded by coverage under recommendations called for more the HCS: substantive changes to the HCS, While supermarkets don't use hundreds of affecting the obligations of chemical hazsrdoua chemictli like eome manufacturers and others, and OSHA manufacturing industries, t large number of workers are exposed to the dozen or so they do use. Chemicals used include caustic and acid cleaning compounds, solvents, waxes. pBlnts and disinfectant! . . . Let me relate to you one case within our union where workers were overexposed to ao unidentified substance. A group of aupermerket workers does not believe they are supported by the record or appropriate to incorporate into this Final rule without further opportunity for notice and comment from those affected. It is imporlant to note, however, that despite the recommended changes there were no began experiencing dizzineas, upper respiratory tract irritation and headaches . . . Not until workers started to talk with one another did they start to auspect a possible link between their lUnest end a certain solvent that was nsed to remove old price label* from merchandise catted Carrey XC-3&. indications that members of the Construction Advisory Committee believe that it U Infeasible to implement hazard communication programs in the construction Industry. In fact, as OSH\ has noted previously, the construction Industry has been subject to training See Tr. 3088-89. See oho Tr. 414 and Tr. 1840-43. The testimony further relates other incidents, as well as the various activities the union had to pursue to obtain information for exposed workers--including chemical analysis of products to determine their contents. This illustrates the need for application of the standard in industries such as retail stores, es well as those Industries where chemical exposures are more obvious. For additional testimony regarding the extent of chemical exposures in the non-manufacturing sector, see. eg., hospital workers: Tr. 411-14,2738-41, and 3030 (". . . hospital workers are exposed to formaldehyde, ethylene oxide, cleaning agents which are often very caustic . . .") (Tr. 411); barbers and beauticians: Tr. 415-10 (". . . work around hair dyes . . . known to cause cancer .. ."): longshore workers: Tr. 3143: utility workers: Tr. 417,3078.3130; workers in dry cleaners and laundries: Tr. 416,4084-90 (" . . . (B]eyond the chlorinated solvents that your dry cleaners use. some cleaners and laundries also use dyes . . ."k farmworkers: Tr. 2200. D. Construction Advisory Committee Recommendations requirements concerning chemical hazards for many years (see 29 CFR 1926.21). In preparing (he draft proposed rule, and subsequently this final rule. OSHA did review the Report on Occupational Health Standards for the Construction industry which was submitted by the Construction Advisory Committee to (he Assistant Secretary on May 10.1980. In that report, the Committee addressed recommendations for labels, material safety data sheets, and training--ail of the major components of the HCS. Of particular concern to the Committee at that time was that construction employers do not have access to the necessary information upon which to develop appropriate signs and labels or material safety data sheets, and therefore must depend upon suppliers for such information. "(C)onstruction employers may not always be aware of the hazard associated with a particular product or device if the item* are not accompanied upon purchase by appropriate labels and data sheets. . . ." OSHA agrees that this lack of information has been a problem for ail downstream users of chemicals, and thus developed the approach incorporated into the HCS-- On |une 23,1987, the Construction producers or importers of chemicals are Advisory Committee on Occupational responsible for evaluating the hazards 54 BRB 0084 Federal Register / Vol. 52, No. 163 / Monday, August 24, 19B7 / Rules and Regulations 31859 and transmitting that information to It was interesting to note that construction employers and employees. downstream employers or users of the although the Construction Advisory In addition, it will also be printed in 29 materials. Under the expanded rule, Committee was essentially maintaining CFR Parts 1915.1917, and 1918. for the construction employers would be the that hazard communication in use of maritime employers and recipients in this downstream n.ow of construction could be treated as a employees (at new 1 1915.99,1917.28, information. separate issue, many of the changes the and 1916.90. respectively), and will be The HCS did not exist at the time of members were recommending would referenced In Part 1928 covering the report, and the Committee thus often have required substantive changes agricultural employments. recommended that a solution to the problem of lack of information "would be to modify and extend the existing in the requirements for the manufacturing sector. As noted above, the Committee expects to receive tables E. Federal Community Right-to-Know Law OSHA standard for material safety data sheets which now applies only to ship repairing, shipbuilding, and ship breaking (29 CFR1915,1916 and 1917). The modified standard would require manufacturers or formula tors of harmful materials or agents to supply material safely data sheets along with their products in such a fashion that they reach construction employers." Shipbuilding and ship repairing are in the manufacturing sector, and covered by the requirements of the 1983 final rule--ship breaking will be covered by these expanded provisions. Therefore. OSHA is doing what was recommended in I960, i.e.. extending the existing OSHA standard for material safety data sheets to construction. The Advisory Committee concluded that although the hazard information may have been difficult for construction employers to acquire in the past, "such information was fundamental to the preparation of warning signs, labels, training programs, and other important job safety and health activities." The Construction Advisory Committee is now recommending that the construction industry be regulated under a separate standard for Hazard Communication, rather than being treated as any other downstream employer who uses chemicals. The rationale Is that construction sites are unique among industrial workplaces and should be addressed in a vertical standard specific to the industry. Although OSHA has found this argument persuasive for a few health standards, where there are fundamental differences in control strategies to achieve permissible exposures for a chemical in a fixed site facility versus on containers and material safety data sheets from its suppliers. This is certainly consistent with OSHA's approach in the rule. But the Committee is also recommending that the labels on containers being shipped to construction contain additional information, and that the requirements for material safety data sheets be slightly different as well. They also recommended changes in the hazard determination provisions, while maintaining that hazard determinations must be accomplished in the manufacturing sector. These recommendations serve to support OSHA's view that in an approach which requires a downstream flow of Information, the relationship between the requirements for producers and downstream users are so inter dependent that separation of them into two separate standards would be logically inconsistent. And furthermore, since the requirements for hazard determinations, labels, and material safety data sheets were based on an extensive rulemaking record, and are not industry-specific, it would not be appropriate to modify those requirements at this point. Two separate standards would also require cross-referencing provisions -from one rule to another to ensure proper information transmittal, a regulatory format which would be unnecessarily confusing to the regulated community. OSHA believes it is more effective to list, in one standard, the obligations of chemical producers. Importers, and suppliers with those of the users so that employers using hazardous chemicals will be aware of the content and quality of the hazard information they are entitled to receive Expansion of OSHA's HCS will elso have an impact on employers' obligations under another Federal law to Inform State and local communitiesof the hazardous chemicals present in the workplace. On October 17,1988, the President signed into law the Supefund Amendments and Reauthorization Act of 1986 ("SARA"). Part of the new law. Title III, the Emergency Planning and Community Right-to-Know Act of 1986, encourages and supports emergency planning efforts at (he State and local level and provides citizens and local governments with information concerning potential chemical hazards present in their communities. Two provisions in the new law, sections 311 and 312. mandate that employers required under the Occupational Safety and Health Act of 1970 and regulations under that Act to prepare or have available material safety data wheels for hazardous chemicals in their workplaces, must also submit chemical hazard information to State and local governments. Specifically, employers required by the OSHA HCS to create or maintain material safety data sheets for employees must also submit to the Slate emergency response commissions, the local emergency planning committee and the local Are department: (1) A material safety data sheet for each hazardous chemical for which a data sheet is available (section 311); and (2) an emergency and hazardous chemical inventory form (section 312). The public may request material safety data sheets and inventory information from the local planning committee. Because all manufacturing employers the construction site, it does not appear from their suppliers. Furthermore, it are currently subject to the OSHA HCS to be appropriate in this situation which would not be appropriate to indicate and required to create or maintain data simply involves transmittal of requirements for chemical sheets for the hazardous chemicals information, that can be accomplished manufacturers and importers in a present In their workplaces, they must on any type of site. Arguments regarding standard which purports to cover solely also comply with the community transient workers, mobile work sites, the construction industry, as would have reporting requirements of the Emergency etc. can appropriately be made for other to be done to accommodate all of the Planning and Community Right-to-Know non-manufacturing users of chemicals as recommendations of the Committee. Act. An expanded HCS covering non well. The problems raided can be dealt Therefore, construction employers are manufacturers will require non with more effectively by modifying the included with all other employers In this manufacturers to provide chemical provisions of the current rule to address standard. However, OSHA will print the hazard information not only to their them, rather than preparing completely rule in full in 29 CFR Part 1926 (in employees but also to the surrounding separate standards for each industry. 1 1926.59) for ease of reference for communities. 55 31060 Federal Register / Vol. 52. No- 163 / Monday.-August 24. 1S87 / Rules and Regulations On fanuary 27.1987, EPA proposed regulations to implement the community data sheet and inventory reporting requirements. A detailed explanation of the EPA proposal can be found at 52 FR 2836 (|anuary 27.1987). A final rule is expected to be published in the near future. OSHA has prepared a preliminary estimate of the costs of expansion of the EPA requirements into the non-manufacturing sector. This estimate is addressed further in the section of this preamble dealing with the regulatory impact analysis for the final rule. EPA has established a toll-free hotline to answer questions concerning the requirements: Chemical Emergency Preparedness Program Hotline, 1-800/ 535-0202; in Washington, DC at 1-202/ 479-2449. [I. Summary end Explanation of the Issues and the Provisions of the Final Standard This final rule is both an expansion and revision of the current HCS. The regulatory text presented herein includes the unchanged provisions of the present rule, as well as those which OSHA is changing. This was done to ensure that readers can dearly follow where these changes would appear in the standard. As explained below, the substantive changes were found to be necessary and appropriate for a hazard communication standard covering all workers exposed to hazardous chemicals. OSHA is also making several corrections and minor technical amendments to the standard. OSHA finds prior public notice and comment for these minor amendments to the unnecessary because of their non substantive nature. 5 U.S.C. 553(b); 29 CFR 1911.5. The discussion which follows will address the changed provisions of the rule, as well as the issues related to these changes. A detailed summary and explanation of the current rule's provisions is only provided when necessary for the discussion of the modification. For a complete explanation of the existing provisions, please see the preamble to the current HCS (48 FR 53334-40). The current rule is codified at 29 CFR 1910.1200. and was published at 48 FR 53340-48. The modified trade secret provisions are discussed at 51 FR 34590. This discussion is organized by paragraph of the standard, and is presented in the order these paragraphs appear in the HCS. * For ease of reference. OSHA will be printing the same rule in full in 29 CFR Part 1910 (in 11910.1200) for general Industry, 29 CFR Part 1928 (in f 1926.59) for construction, and in 29 CFR Parts whether the state law appears to be "at 1915.1917, and 1918. for the use of the least as effective as" the Federal maritime industry (at new 1915.99. standard. The "at least as effective as" 1917.28, and 1918.90. respectively). test applies only to state standards (a) Purpose adopted under an approved State plan. 29 U.S.C. 667(c)(2). In enacting OSHA. All references to the manufacturing Congress rejected provisions which sector. SIC Codes 20 to 39, have been would have permitted stales to enforce deleted to reflect the expansion of the laws which were "not in conflict with" scope to 811 employers and employees, it or "at least as effective as" Federal should be noted that these changes have OSHA standards. See Senate Comm, on been made throughout the provisions of Labor and Public Welfare. 92d Cong.. 1st the rule, wherever the HCS currently addresses employers and employees in the manufacturing sector rather than employers and employees in general. Despite the expansion of covered employers from manufacturers to all employers, however. OSHA retains in this final rule the distinction between chemical manufacturers and importers who produce or import hazardous chemicals, and downstream employers who merely use the chemicals. Only the former are to prepare the technical hazard information for labels and materials safety data sheets accompanying hazardous chemicals, whereas all employers are to pass this information on to their workers potenlially exposed to the chemicals through a comprehensive hazard communication program which includes individual training. The original Hazard Communication Standard included, at 29 CFR 1910.1200(a)(2). a generally-worded . statement concerning the Agency's position regarding the preemptive effect of the standard. Thia paragraph has been revised to more explicitly state the Agency's position regarding preemption based on the provisions of the Act and related legal actions. This final rule significantly expands the number of industrial groups to which the Federal standard applies, and thus It significantly expands the area in which state and local laws will be preempted. Section 18(a) of the Act, 29 U.S.C. Sess., Legislative History of the Occupational Safety and Health Act of 1970, at 58,706 (Comm. Print 1971). Instead. Congress enacted section 18 providing that Federally-approved State plans are the exclusive alternative to preemption. Since the promulgation of OSHA's original Hazard Communication Standard, a number of court decisions have dealt with the effect of express and implied Federal preemption upon state and local hazard communication or "right-to-know" laws. United Steelworkers ofAmerica v. Auchter. 7G3 F.2d 728.733-36 (3d Cir. 1985) (Federal Hazard Communication Standard expressly preempts state hazard disclosure laws in manufacturing sector); New Jersey State Chamber of Commerce v. Hughey. 774 F.2d 5B7 (3d Cir. 1985) (provisions of New Jersey right-to-know law which pertain primarily to community or environmental safety and health are not expressly preempted; right-to-know laws subject to implied preemption if they make it impossible to comply with Federal law or pose an obstacle to objectives of the Federal Act): Manufacturers Association of TriCounty v. Knepper. 091 F.2d 130 (3d Cir. 1988) (similar holding in connection with Pennsylvania right-to-know law). The revised paragraph fa)(2) specifically provides that both state end local laws pertaining to occupational 667(a), provides that a slate may assert hazard communication-are preempted jurisdiction through any court or agency by the Federal standard, tn the one court over "any occupational safety or health decision which has addressed the Issue with respect to which no standard question, the United States Court of is in effect under section 6.' Conversely, Appeals for the Sixth Circuit ruled that where OSHA has issued a standard, the Federal Hazard Communication section 18 expressly preempts states Standard preempts local as well as stale from asserting jurisdiction through any laws. Ohio Manufacturers Association court or agency over the issue addressed v. City ofAkron. 801 F.2d 024 (1986). The by that standard, unless a Federally- court noted that the text of approved State plan is in effect. 29 S 1910.1200(a)(2) did not mention U.S.C. 667(a) and (b); 29 CFR 1901.2. localities and referred only to The express preemption provisions of preemption of "state" laws. Id. at 827, the Act apply to all stale or local laws 831-632. Nevertheless, relying upon which relate to an issue covered by a references to local as well as state laws Federal standard, without regard to in the preamble to the 1983 standard, the whether the state law would conflict court correctly inferred that OSHA had with, complement, or supplement the intended to preempt all non-Federal Federal standard, and without regard to occupational hazard communication 56 BRB 0086 Federal Register / Vol. 52, No. 163 / Monday, August 24, 1987 / Rules and Regulations 31851 law9. Id. at B32. Therefore, in accordance with the Court decision, OSHA is making a technical amendment to paragraph (a)(2) so that it explicitly states that the HCS preempts local worker righl-to-know laws. The revised ( 1910.1200(a)(2) not only defines hazard communication as an "issue" under the terms of the Act. but also enumerates the generic areas addressed by the standard for purposes of establishing the parameters of preemption. Thus any Slate or local government provision requiring the preparation of material safety data sheets, labeling of chemicals and identification of their hazards, development of written hazard communication programs including lists of hazardous chemicals present in the workplace, and development and implementation of worker chemical hazard training for the primary purpose of assuring worker safety and health, would be preempted by the HCS unless it was established under the authority of an OSHA-Bpproved Stale plan. (b) Scope and Application Laboratories. With regard to the coverage of laboratories, specifically addressed in paragraph (b)(3). OSHA concludes that the current rule's provisions, requiring only that labels and material safety data sheets received with incoming chemicals be maintained and that the general training of paragraph (h) be provided, are feasible for non-manufacturing laboratories as w ell. See. e.g.. comments of the Massachusetts Institute of Technology, H-022D. Ex. 2-120 ("We agree that the Hazard Communication Standard's requirements for labs are adequate. . . . We expect our compliance costs to remain at the current level of spending because the majority of these are start up costs and some activities have been absorbed and integrated within existing programs.") OSHA believes that these somewhat limited hazard communication requirements for manufacturing laboratories are also appropriate Tor non-man\ifacluring laboratories because both share the operating conditions that distinguish them from the typical industrial workplace: they commonly use small quantities of many different hazardous chemicals for short periods of time; the conditions and purposes of the use of the chemicals frequently change, often unpredictably; many substances are of unknown toxicity; and many workers are highly trained. Compare 48 FR 53287-89, with 51 FR 28663-84. OSHA concludes that the same HCS provisions tailored for manufacturing laboratories are appropriate for the protection of all laboratory workers within OSHA's jurisdiction. It should also be noted that OSHA is currently proceeding with a specific rulemaking to directly address "Occupational Exposure to Toxic Substances in Laboratories" (51 FR 26660; July 24.1986). When that rule becomes final, its provisions may supplement the information transmittal requirements of the HCS by directly reducing hazardous chemical exposures in laboratories by requiring, among other things, safe work practices. As noted in that proposal, the final rule might modify the general information and training requirements in the HCS to Incorporate other aspects of that standard. Any changes in the application of the HCS provisions to laboratories will be addressed in detail in the final rule for laboratories and will be based on that rulemaking record (Docket H-150). Coverage determined by "exposure." The HCS covers situations where employees "may be exposed" to hazardous chemicals (paragraph (b)(2)). and such exposure is defined to include potential exposure as well as actual exposure. This is to ensure that employees receive information about all chemical hazards in their work areas, and that they are prepared to deal with any unexpected releases or emergency situations, as well as exposures during the normal course or employment. OSHA concluded that employees are entitled to information regarding the chemicals to which they are exposed in their work areas. It should be noted, however, that individual facilities and workplaces may have some employees who are covered since their work involves exposure to hazardous chemicals, and others who are not covered because their work does not. For example. In a retail department store, maintenance workers or workers in a graphic arts department may be covered since their jobs involve exposure to chemicals, but an accountant in the billing department would not be likely to experience exposure that would require coverage by the HCS. _ There are a number of work situations where employees only handle sealed containers of chemicals, and under normal conditions of use would not open the containers and would not expect to experience any measurable exposure to the chemicals. Such work operations include, for example, warehousing, retail sates, marine cargo handling, and trucking terminals. It is reasonable to assume, however, that all such containers are subject to leakage and breakage, and these employees are in fact potentially exposed by virtue of the presence of these hazardous chemicals in their workplaces. Because of this potential exposure, they need information to protect themselves from the hazards of these chemicals in the event such an emergency situation occurs. However, OSHA has considered the extent of information necessary or , appropriate in this type of operation, and the practicality of requiring such work operations to be subject to all of the provisions of the rule. The primary need is to ensure that these employees know how to acquire and use the hazard information available to them, and to handle an emergency exposure situation. As in laboratory operations, maintaining lists of chemicals where the chemicals present may change on short notice, sometimes on a daily basis, is not a useful requirement. Similarly, obtaining material safety data sheets for every chemical in a sealed container that passes through a facility--even if it is there less than a day in some situations--would result in a considerable amount of paperwork, with little discemable benefit for the employees involved. Therefore. OSHA has added a provision, paragraph (b)(4). to limit the duties of employers for those work operations where employees only handle sealed containers that are not fntended to be opened under normal conditions of use. (Some States which have adopted right-to-know laws have also recognized the practical problems of coverage in this area, and have included provisions limiting coverage of workplaces where chemicals are handled in sealed containers. See. eg.. Tennessee Hazardous Chemical Right to Know Law, Tennessee Code Annotated. 50-3-2001 through 50-3-20019) In these situations, employers must not remove labels affixed to incoming containers of hazardous chemicals;.must maintain end provide access to material safety data sheets that are received for hazardous chemicals while the chemicals are in the workplace, and obtain material safety data sheets when they are not received but an employee requests one: and must train employees in accordance with the provisions of the rule to ensure they are protected in the event of a spill or leak. The employees in these operations will always have access to the label information, which will provide appropriate hazard warnings and be a visual reminder of the potential hazards If exposure occurs. Employees will also be trained regarding the general classes of chemical hazards faced and the means by which they can protect 57 T2 31862 Federal Register / Vol. 52, No. 163 / Monday. August 21. 1967 / Rules and Regulations themselves from these hazards when there is a spill or leak. The training must also address the availability and use of substance-specific information found on labels and material safety data sheets, where available. These requirements should provide employees handling only sealed containers of chemicals with the information they need. This limited provision also addresses some of the concerns raised by representatives of industries with these types of workplaces. (See. eg. Exs. 2-53. 2-75,2-201. and 2-214). Although theygenerally were arguing that this type of operation warrants exclusion from the rule. OSHA does not agree that no protection under the HCS is required in these situations. As already described, a potential for exposure does exist, and therefore such employees must be appropriately covered. OSHA believes the limited coverage described will effectively protect employees while recognizing the constraints of the particular work operations Involved with regard to the applicability of the current rule to these types of work. Labeling exemptions. The HCS includes a number of labeling exemptions to ensure that OSHA does not provide duplicative coverage for products which are already labeled under the rules of another Federal agency. It should be reemphasized that these exemptions (in paragraph (b)(4) of the original rule: paragraph (b)(5) in this final rule) are only from the container labeling requirements under paragraph (f)--all other provisions of the rule are still in effect. A minor correction is being made, however, to these exemptions to indicate that when medical or veterinary devices are labeled in accordance with the labeling requirements of the Food and Drug Administration (FDA) under authority of the Federal Food. Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), those items are exempted from HCS labeling requirements. All other Items regulated by FDA under that Act were listed in the HCS labeling exemption. Medical and veterinary devices were inadvertently omitted from the list of items that might be subject to FDA labeling requirements under the Federal Food. Drug, and Cosmetic Act. and they are exempted from HCS labels for the same reasons that the other items are exempt when subject to labeling under FDA. See 48 FR 53289. To ensure that all these FDA ' regulated items are treated in the same manner and that devises are exempted from HCS labeling If subject to FDA labeling, paragraph (b)(5)(ii) is amended by adding medical and veterinary devices. Other exemptions. The HCS includes a number of specific, total exemptions from the requirements of the rule for certain types of chemicals. This rule adds throe categories of exemptions: food, drugs, cosmetics, or alcoholic beverages in a retail establishment packaged for retail sale (paragraph (b)(6](vi); consumer products (paragraph (bj(6](vii)); and certain pharmaceuticals (paragraph (b)(6)(vlii)). Food, drugs, cosmetics, alcoholic beverages. The current HCS includes an exemption for food, drugs, or cosmetics brought into the workplace for employee consumption. These types of exposures are not related to an employee's work, and therefore do not need to be covered under the HCS. The expansion of the HCS into the non-manufacturing sector will result in many of these types of products being present in workplaces (e.g., liquor stores) where they are not intended for employee consumption, end where they normally would not result in employee exposure because they are packaged for sale to consumers. Although some of these products may meet the definition of a "hazardous chemical" (e.g., vinegar is acetic acid), when packaged for retail sale they do not pose a hazard to workers that is any different than the hazards of such products in their homes. The label information required by other Federal agencies for foods, drugs, cosmetics, and alcoholic beverages should thus provide sufficient protection for workers, and OSHA has exempted these products from coverage under the rule. It should be noted that this is not an exemption for facilities of any particular industry, as all facilities may have other chemicals in use that would be covered by the HCS. In addition, since these products are exempted, employers which package them for retail sale would not have to furnish material safety data sheets to distributors receiving the products. Consumer products. The current rule provides a labeling exemption for consumer products when they are labeled in accordance with the requirements of the Consumer Product Safety Commission (CPSC). CPSC requires consumer products which contain hazardous substances to be appropriately labeled. Examples of consumer products would include such items as oven cleaner, paint stripper, and adhesive, which may be found in various type* of workplaces. In addition to the specific labeling exemption. OSHA has been interpreting the rule as not being applicable to consumer products when used as a consumer would use them. OSHA Is now adding this interpretation to the rule itself, paragraph (b)(0)(vi). stating that where such consumer products are used in the workplace in a a manner comparable to normal conditions of consumer use. resulting in a duration and frequency of exposure to employees which is no greater than exposures experienced by ordinary consumers, under such conditions the chemical would not have to be included in the employer's hazard communication program. This position is consistent with OSHA's reason for orginally limiting the exemption for hazardous consumer products used in the course of employment to only an exemption from HCS labeling, and not material safety data sheet and training requirments. "OSHA recognizes . . . that there may be situations where worker exposure is significantly greater than that of consumers, and that under these circumstances, substances which are safe for contemplated consumer use may pose unique hazards in the workplace.'* 48 FR 53289. However, to the extent that workers are exposed to the substances in a manner similar to that of the general public, ther.e is no need for any HCS requirements. One example of such a differentiation in exposure situations involves the use of abrasive cleaners in the workplace. Where these are used intermittently to clean a sink, much as they would be used at home, the cleaners would not be covered under the standard. But if they are used to clean out reactor vessels, thus resulting in a much greater level of exposure, they would be covered. Or if an employee cleans sinks all day long, thus resulting in more frequent exposures, the abrasive would also be included in the hazard communication program. Thus workplaces which only have chemicals which are consumer products used in the same way and as frequently as the general public would normally use them, would not have to have a hazard communication program. It should be noted that OSHA intends to read this exemption narrowly. Where an employer is uncertain whether the duration and frequency of exposure to these products is comparable to consumer use. an employer should obtain or develop the material safety data sheet and make it available to employees. In response to questions raised in the 19B5 ANPR, OSHA received a few comments on the use of consumer products in the non-manufacturing sector. A number Indicated that overexposure may occur from the use of such products, or that the frequency and duration of workplace exposure is typically greater than that experienced 58 Federal Register / Vol. 52. No. 163 / Monday. August 24, 1987 / Rules and Regulations 31B63 by consumers (Exs. 2-59. 2-83, 2-100.2120. and 2-184). Others stated that the exposure was comparable to consumer use (Exs. 2-48 and 2-63). There were several that felt the label provided enough information, and no additional requirements were needed to protect employees (Exs. 2-75, 2-79, 2-99.2-107, and 2-118). while others felt the employer should be required to request material safety data sheets because employees are not getting enough information (Exs. 2-109.2-128. and 2169). One suggested that the label note that a material safety data sheet is available on request (Ex. 2-100). while another contended that when a product is used by a professional, it is no longer a consumer product (Ex. 2-169). OSHA believes that the consumer product exemption in this final rule takes all of these concerns into consideration, and strikes a balance between the practical considerations of acquiring and maintaining material safety data sheets on CPSC regulated products which employees are exposed to at home as well as at work, and the worker's need for more hazard information than a CPSC label when exposures are greater or more frequent than typical public use of the chemical would generate. A number of States adopting right-towork laws have also developed consumer product exemptions. (See. e g., Wisconsin "Employees' Right to Know Law": Illinois `Toxic Substances Disclosure to Employees Act.") However, most of these rules have taken a broader approach to the consumer product exemption, generally eliminating coverage of such products unless exposure is "significantly greater" than consumer exposure during the "principal consumer use." OSHA considered and rejected such language for the consumer product exemption. It would be very difficult from an enforcement perspective to determine when exposure to b consumer product is "significantly greater" than consumer exposure. The key elements of concern to OSHA are as stated in the consumer product exemption included in this rule--that the consumer product be used in the same manner as a consumer would use it (and therefore as intended by the manufacturer when preparing the label information), and that the duration and frequency of exposure be essentially the same as would be experienced by a consumer (and thus the label warnings would provide adequate protection.) A broader exemption than this would not be appropriate to protect workers from occupational exposures that were not anticipated by the manufacturer when the labels, and thus the protective measures, were developed. Application to Office Products. A number of questions have been raised about the application of the rule to office products that may contain hazardous chemicals. It Is OSHA's determination that office products such as pencils, pens, typewriter ribbons, and the like, are "articles" under the rule and therefore exempted, paragraph (b)(8)(iv). Employers are not therefore required to implement a program for such products. OSHA has also determined that intermittent, occasional use of a copying machine to make copies is not covered by the rule. The copying machine would also be considered an article for purposes of this standard. However, if a firm has a copying machine operator who is responsible for handling the chemicals associated with its use, or who operates the machine frequently, that individual would be entitled to information under the rule. Medicine. The rule, paragraph (b)(G)(vii), also includes an exemption for drugs when they are solid, and are in final form for direct administration to the patient (/'.e., pills or tablets). Employees handling such finished drug products would not be exposed to the chemicals involved, and would not need information other than that supplied on the container label under FDA requirements. (The State of North Carolina adopted a similar exemption in their Hazard-Communication Standard, 13 NCAC s7C.101(a)(99)). Wood dust. As OSHA hBS received a number of questions regarding the application of the wood and wood products exemption to wood dust, OSHA would like to reiterate its interpretation regarding the wood and wood product exemption in paragraph (b)(6)(iii) of this final rule. The wood and wood products exemption was included in the HCS for two reasons. First, the presence and identity of wood and wood products in the workplace is "unmistakable" and second, their hazards (;.e.. flammability or combustibility) are well-known to workers. 48 FR 53289. Because wood and wood products, characteristic hazards are self-evident, regulations requiring formal notification were not thought to be necessary. Wood and wood products "are not expected to be hazardous for purposes of this standard." Id. at 53335. OSHA never intended, however, that wood dust be excluded from the standard's coverage under the wood and wood products exemption. Wood dust is not generally a wood "product." but is created as a byproduct during manufacturing operations Involving sawing, sanding, and shaping of wood. Wood dust docs not share solid wood products' "selfevident" hazard characteristics that supported the exemption of wood products from the HCS' coverage. Except for the chemical additives present in the wood, products such as lumber, plywood, and paper are easily recognizable in the workplace and pose a risk of fire that is obvious and wellknown to the employees working with them. The potential for exposure to wood dust within the workplace, especially with regard to respirable particles, is not self-evident, nor are its hazards through inhalation so wellknown that hazard communication programs are unnecessary'. "Wood dust" is a recognized health hazard, with exposure limits recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) to control employee exposures to the substance. Under the provisions of the HCS. this means that wood dust is to be considered a hazardous chemical (paragraph (d)(3)(H)). and therefore subject to the requirements of the rule including ~ material safety data sheets and training. (c) Definitions The only changes to the definitions in the current HCS are those that need to be made to accomplish the expansion of the HCS. The reference to SIC Codes 20 through 39 is being deleted from the definition of "chemical manufacturer" to be consistent with the extent scope of the rule. Any employer who produces a hazardous chemical for "use or distribution" is considered a "chemical manufacturer" under the HCS. and must prepare and provide the appropriate hazard information. OSHA has modified the definition of "container" to exempt "engines, fuel tanks, or other operating systems in a vehicle." The Agency has received some questions regarding the need for labeling such parts of a vehicle in applying the rule to the manufacturing sector. Expansion into non-manufacturing will greatly increase the number of vehicles involved in work operations, and thus OSHA determined that this clarification will ensure that the Agency's position " regarding this issue is clear--vehicles do not have to bear labels regarding hazardous chemicals used to operate them. This does not exempt such chemicals from coverage by the rule--it simply eliminates the need to label once they are placed into the vehicle. The definition of "distributer" has also been changed to reflect the 59 318G4 Federal Register / Vol. 52, No. 163 / Monday. August 24, 1987 / Rules and Regulations extended scope of the rule. A that all employers are covered by the endorsement of any particular labeling "distributor" means "a business, other standard. In addition, the definition of system. It simply stales that any formnl than a chemical manufacturer or "employer" is amended to indicate that may be used, as long as the label importer, which supplies hazardous the term includes contractors and includes Ihe information regarding the chemicals to other distributors or to subcontractors. This reflects the chemical hazards required by the employers." Among other things, definition of employer used In OSH.Vs standard. It should be noted that it can ' distributors must transmit hazard construction standards. Similarly, the be expected that some labels prepared information they receive from chemical definition of "workplace" has been in accordance with any of the available manufacturers and importers to all their modified to specifically include job sites labeling systems can be expected to be employer customers. and projects. found to be deficient. Again, the Under the current rule. OSHA defined Hazard warning. While OSHA is not preamble discussion cited merely "employee" as someone working in the manufacturing sector, and stated that those employees in manufacturing whose jobs did not involve routine potential exposure to hazardous chemicals woui.d not generally be covered by the rule. Examples related to the manufacturing sector were provided. This was intended to limit the coverage primarily to those employees in the industry who were actually involved in production operations. However, since the scope of the entire standard is being expanded to cover employees in all types of work operations, the definition has been modified to clarify that workers who are exposed to hazardous chemicals as part of their assigned jobs would generally be covered under the rule, except for those who only encounter hazardous chemicals in nonroutine. isolated instances. OSHA believes most office workers, and many other workers, are not exposed to the hazardous chemicals covered by the HCS in such a way that the rule would apply to those types of work operations. The rule, therefore, simply defines a covered "employee" as any "worker who is exposed to hazardous chemicals under normal operating conditions or in forseeable emergencies" and further states that "workers such as office workers or bank tellers who encounter hazardous chemicals only in nonroutine. isolated instances are not covered." "Normal operating conditions" are those which employees encounter in performing their job duties in their assigned work areas. For example, if the receptionist in a facility receives and delivers a telephone message for someone In a different work area where hazardous chemicals are modifying the definition of "hazard warning" contained in the current rule, the Agency wishes to reiterate the intent to help employers better understand and comply with the requirements. "Hazard warning" means "any words, pictures, symbols, or combination thereof which convey the hazard(s) of the chemical(s) in the container(s)." "Appropriate hazard warnings" are to be put on container labels. (See final rule paragraphs (f)(l)(ii) and (f)(5j(ii)). Since the rule covers "physical" and "health" hazards, specific information regarding these would be required on a label to comply. Many labels at the time the HCS was promulgated includes only precautionary statements, rather than providing necessary information about the specific hazards of the chemicals. Thus employees encountered statements such as "avoid inhalation" on virtually every chemical container, but were not provided with statements regarding what type or severity of effect inhalation could be expected to produce. Therefore. OSHA's standard requires identity and hazard information on labels. Although employers can choose to provide additional statements. OSHA's requirements are limited to thar required to convey the hazards to the workers. Under the OSHA scheme, other data regarding protective measures, first aid. etc., are to be included on the material safety data sheet or in training, rather than appearing on the label itself. This approach is in keeping with the Agency's evaluation of available data on effectiveness of labels which indicates that the more detail there is on a label, the less likely it is that reemphasized that employers are not constrained to use any particular formal or wording, but are constrained by the necessity to comply with the requirements of the rule concerning the information to be provided--the identity, the hazards, and for containers leaving the workplace, the name and address of the responsible party. The terms "physical" and "health" hazards are already defined in the rule, and these are the specific hazards that are to be "conveyed" in an "appropriate" hazard warning. There are some situations where the specific target organ effect is not known. Where this is the case, a more general warning statement would be permitted. For example, if the only information available is an LC test result, "harmful If inhaled" may be the only type of statement supported by the data and thus may be appropriate. It will not necessarily be "appropriate" to warn on the label about every' hazard listed in the MSDS. The data sheet is to address essentially everything that is known about the chemical. The selection of hazards to be highlighted on the label will involve some assessment of the weight of the evidence regarding each hazard reported on the data sheet. This does not mean, however, that only acute hazards are to be covered on the label, or that well-substantiated hazards can be omitted from the label because they appear on the data sheet.; It may be "appropriafe" to provide less detailed information on Ihe chemical hazards in an in-plant labeling system, where MSDSs and training are readily available, than on a label placed present, this does not mean that the employees .will read and act on the on a container leaving the workplace, receptionist would be covered under the information. The purpose of the label is where it may provide the only hazard rule by virtue of the one potential to serve as an immediate visual warning information in certain situations ant exposure from delivering the message. of the chemical hazards in the where there is no guarantee that the However, if performance of the workplace. (See generally, 48 FR 53300- downstream employees handling or receptionist's job entails walking 03). using the chemical will fully understand through the production area every day. There have been misinterpretations of the less detailed label. This difference in and thus being potentially exposed during the performance bf regular duties, that job would be covered under the rule. the requirements made based on statements in the preamble to the current rule concerning various labeling systems (see 48 FR 53301). This appropriateness allows employers to establish standardized in-plant labeling systems, as long as training regarding the use of these systems is conducted, The definitions of "employer" and preamble discussion involves format of and MSDSs provide the required, "importer" are also amended to indicate labels, and Is not an unqualified detailed information. 60 BRB 0090 Federal Register / Vol. 52, No- 163 / Monday, August 24, 1987 / Rules and Regulations 31B65 Article. OSHA is not modifyim sheet prepared for a lead pipe would be e.g.. Alabama Act 85-658: Tennessee definition of''article" but would I :o available to a worker repairing the pipe "Hazardous Chemical Right to Know provide some clarification regard: ., the some years following installation. The Law.") Agency'* interpretation. Releases of employer would provide the employees Under these provisions (paragraph very small quantities of chemicals are with general information concerning the (e)(2)), the employers must exchange not considered to be covered by the rule. hazards of the operations they were material safety data sheets, as well as So if a few molecules or a trace amount performing in lieu of specific information information about precautionary are released, the item is still an article on the pipe itself. measures necessary to protect and therefore exempted. In an earlier discussion in this preamble, application of the rule to office products was discussed and it was stated that items such as pens or pencils are to be considered articles. Other examples would be: emissions from tires when in use: emissions from toner on pieces of paper or emissions from newly varnished furniture. Furthermore, it should be reiterated that the HCS is limited to hazardous chemicals "known to be present" (paragraph (b)(2)). and does not require any chemical analysis or testing to (d) Hazard Determination OSHA is not modifying the current rule's hazard determination requirements. The burden of evaluating chemicals to determine whether they are hazardous remains on the chemical manufacturers and importers who produce or import them and on those user employers who choose not to rely on the evaluations made by their suppliers and instead evaluate the chemicals themselves. A detailed explanation of these provisions can be found at 48 FR 53296-99,53335-38. employees and an indication of the type of labeling system in use. where exposures may occur to another employer's employees. Each employer will then have the information necessary to inform and train their employees. This will help ensure that all employees have sufficient information to protect themselves in the workplace, regardless of which employer uses the hazardous chemical. Consistent with the performanceorientation of the rule, the provisions do not specify how this coordination is to be accomplished. This is best left to the determine or verify such presence. See (ej Written Hazard Communication discretion of (he parties involved. In 48 FR 53334-35. Thus although one may Program many cases, It would probably be most assume that molecules are being emitted from an item, under the standard one does not "know" that a particular hazardous chemical is "present." The article exemption applies solely to the ultimate end use--Intermediate users which result In exposure are covered and require hazard information to be provided. The following are examples of items which would require information for intermediate use prior to being finally installed: encapsulated asbestos insulation where the normal installation involves hammering the material into openings, thus releasing the asbestos: tiles to be placed on a ship s hull which contain lead that Is released during installation; and glass Under the current rule, a written hazard communication program must be developed and implemented for each workplace. Since the current rule covers Fixed manufacturing sites, it did not appear to be necessary to specifically state that the written program be available at the site. With expansion to non-manufacturing, however, particularly in the construction industry where a Firm may have multiple sites, the standard must be tailored to specifically state that the intent is to maintain the wTitten program at each site. Employees will then be able to access the information as required. The current written hazard communication program requirements efficient for the general contractor to coordinate the function. For example, the general contractor could keep and make available material safety data sheets in the office on the site. It should be emphasized that the exchange of information is limited to those situations where exposures of other employers' employees may occur. Given the nature of multi-employer work sites in construction, there would be many situations where subcontractors responsible for various phases of the building project would not have employees present during other phases and thus no such exchange would be required. For example, if the electricians are not working near, or at the same mercury switches to be installed in include a provision that requires time as. the paving contractor, then no equipment, a percentage of which are manufacturing employers to provide interchange is required. But if a painting expected to break during this hazard information to on-site contractor contractor's workers are using installation process. In these cases, employers who have employees who flammable solvents in an area where installation is the "normal condition of may be exposed to the hazards another subcontractor is welding pipes, use" for the employees installing the generated by the manufacturer (current this Information exchange is vital to items, and thus hazard information is paragraph (e)(l)(iii)). The current ensure proper protection;^! employees. required for these intermediate uses. Once installed, these items would be standard does not address the reverse situation, i.e.. where a contractor ({) Labels and Other Forms of Warning articles and thus exempted. employer brings hazardous materials A tailoring provision has been added Although installation of an item may on-site, and exposes the manufacturer's concerning shipments which consist of render the exemption temporarily void employees to them. Since the expanded solid metal. OSHA considers this (until the item is installed, information rule will affect more worksites with change to be necessary since the must still be provided if there is a work arrangements of this type {eg.. problem addressed will occur more potential for exposure). OSHA does not construction), and the need for an frequently in shipments to the believe that the possibility that exposure exchange of hazard Information is nonmanufacturing sector than has been could occur when the item is repaired or obvious. OSHA has revised the the case in the manufacturing sector. worked on need be considered in the requirements to tailor it to address the (Paragraph (0(2)). Solid metal is often determination of when information must multi-employer workplace. (This was considered to be an "article" under the be transmitted downstream. Employers suggested in comments submitted in rule, and thus exempt. Where the metal of employees performing repairs must response to the ANPR. See Ex. 2-225, is not an "article" since its downstream provide the best information they have comments from the National use results in hazardous chemical concerning the potential exposures. Constructors Association. In addition, exposure to employees working with it. There would be no way to ensure, for this situation has also been addressed in a provision has been added which example, that a material safety data existing State right-to-know lews. See, allows shippers of this type of material 61 BRB 0091 31866 Federal Register / Vol. 52. No. 163 / Monday. August 24, 1987 / Rules and Regulations to send the label information once, or from wholesale distributors as is to be kept at a central location in this similar to material safety data sheet more commonly done in the type of situation, as along as the transmittal, as tong as the material Is the manufacturing sector. Under the current employer ensures that the employees same and it is being shipped to the same HCS, distributors of hazardous can immediately obtain the information customer. In these situations, there chemicals must automatically provide in an emergency, paragraph (g)(9). should be no hazard to anyone handling commercial customers material safety OSHA believes that this provision the metal from the time It is produced in data sheets (paragraph (g)(7)). Retail tailors the HCS so that it remains solid form, until the dme someone works distributors, however, often sell to practical, yet effective, in gelting on it in a way that releases a chemical businesses and the general.public and workers the hazard information they hazard. Since the label Information frequently have no way of knowing who need. This was also supported by a ti ansmitted would only reflect the a particular purchaser is. Under the number of ANPR commenters (see. e.g., ciiemical hazards released when it Is current rule, retail distributors might Exs. 2-83.2-107. 2-114.2-118. and 2- later worked on, the label would not have to give materia] safety data sheets 117). provide any hazard information that is needed by those handling the material in transit. It must be emphasized that this exception is only for the solid metal itself--any hazardous chemicals present in conjunction with the metal in such a form that employees may be exposed when handling the material (eg., cutting fluids, lubricants, and greases), require labels with each shipment. This tailoring provision, therefore, does not diminish worker protection--workers gel the hazard information they need. to each customer to ensure that commercial customers get the information they need under the HCS. A specific statement regarding retail distributors is. therefore, included in paragraph (g)(7) to address this practical problem. Those retail distributors who sell hazardous chemicals to employers must provide a material safety data sheet upon request, and must post a sign or otherwise inform the employers that an MSDS Is available. According to Schneider Hardware of Banksville. Inc, The current rule, as well as the expanded standard, allows downstream employers to rely on upstream chemical manufacturers and importers to provide MSDSs. However, there Is a duty for downstream users to request an MSDS when they don't receive one at the time of the first shipment There have been some questions regarding bow the downstream user will know a data sheet is required without doing a hazard evaluation. Such an evaluation is not necessary. If the label indicates a (g) Materia! Safety Data Sheets Under the hazard determination provisions, a requirement Is included which indicates that there are situations where the percentage cut-off for mixtures would not apply--when the released chemical is particularly hazardous, or when It could exceed an this is a reasonable approach (Ex. 2179): If OSHA does require commercial customers to get Information through a retail outlet. 1 do not foresee any problems with that arrangement. The manufacturers could supply us with the information, aa they art required to now for shipments to manufacturing plants, and we could make it hazard, the employer will know he needs a data sheet and must request one if it is not received. If there are no hazards on the label, the downstream user can assume the product is not hazardous and a data sheet is not required. (h) Employee Information and Training established permissible exposure limit or Threshold Limit Value when released (paragraph (d)(5)(iv)). Although this is dearly a requirement of the rule, see also 48 FR 53336, the material safety data sheet provisions for disclosure of hazardous ingredient identities did not address that particular situation. Clearly it was OSHA'a intent to have all hazardous ingredients of mixtures listed on a material safety data sheet, even available to customers upon request. We would merely keep the sheets in a file drawer and post a sign informing customers of their availability. We have leaa than 100 chemicals that would probably be affected, end keeping information on those would require at most, one file drawer. It would not be burdensome. The retail distributors likely affected are those selling building supplies, hardware, etc. Retail distributors will have to assess their product lines, and OSHA is not making any modifications to the current rule's information and training provisions. These requirements remain performance-oriented and designed so that each employer will adequately address the hazards posed by chemicals in the workplace. An explanation of these provisions can be found at 48 FR 53310-12. 53337-38. those in very small concentrations, whether or not they have commercial One question that does arise when the hazard determination eccounla. to determine whether they regarding training is whether it needs to provisions of paragraph (d) mandate must comply with this provision. It is be done specifically on each chemical, that they are to be considered clear that most other types of retail or whether employers can train hazardous for purposes of the HCS. Aa establishments (e.g., grocery stores, regarding categories of hazards. Either noted in the HCS preamble discuasion of clothing stores, etc.) would not method would be acceptable. See 48 FR the material safety data sheet With regard to the maintenance of 53312.53338. If employees are exposed provisions: "Employers must also list material safety data sheets so that they lo a small number of chemicals, the ingredients present in concentrations of are readily available to employees, employer may wish to discuss the less than one percent if there is evidence whereas manufacturing facilities are particular hazards of each one. Where that the permissible exposure limit may generally fixed work siles with fixed there are large numbers of chemicals, be exceeded or If it could present a-... . locations for these materials, in some the training regarding hazards could be health hazard in those concentrations." types of nonmanufacturing work done on categories (eg., flammable Id. at 53337. This obvious oversight has operations, employees must travel liquids; carcinogens), with employees been corrected by a minor amendment between work areas during a workshift being referred to substance-specific to the rule. Paragraph (g)(2)(i)(C)(2). For example, employees involved In information on the labels and MSDSs. Another situation which raises servicing oil and gas wells may have a Similarly, the re-training occurs when practicality concents because of the central office location, but then travel by the hazard changes, not jusl when a new expansion of the scope ofThe rule truck to the wells to perform their work. chemical it introduced into the involves employers who purchase These remote locations may not have workplace. If the new chemical has hazardous chemicals from local retail any staff, or may not have an office hazards which employees have been distributors, rather than directly bom facility. OSHA has added a provision to trained about, no re-training occurs, if the chemical manufacturer or importer, the MSDS requirements to allow MSDSs the chemical has a hazard they have not 62 BRB 0092 Federal Register / Vol. 52, No. 163 / Monday, August 24, 1987 / Rules and Regulations 31867 been trained about, re-training would be limited to that hazard. (i) Trade Secrets Paragraph (i)(ll) of the current rule states that "|i]f, following the issuance of a citation and any protective orders, the chemical manufacturer, importer, or employer continues to withhold the information, the matter is referrable to the Occupational Safety and Health Review Commission for enforcement of the citation. . . ." This provision was worded in such a manner that it left the impression that OSHA could refer the matter to the Review Commission. This is incorrect as a matter of law. An enforcement proceeding is referred to the Review Commission when a citation is issued by OSHA. and is subsequently contested by the employer receiving the citation. Therefore, OSHA has made a technical amendment to paragraph (i) f11) to reflect the applicable procedural law. (j) Effective Dates The expansion of the rule to cover all employers becomes effective nine months from the date of promulgation of the Pinal standard. Since the chemical hazard Information for labels and material safety data sheets has already been generated in the manufacturing sector, and in many cases has also been distributed in non-manufacturing due to State law requirements and voluntary transmittal by suppliers, one month should be sufficient time for chemical manufacturers, importers, and distributors to initiate provision of material safety data sheets to other distributors and to customers in the non manufacturing sector. An additional eight months is being provided for non manufacturers to complete preparation of a written hazard communication program for each facility and to conduct employee training. It should be noted that this eight month period for compliance only applies to those employers which are newly covered under the expanded provisions-- employers tn SIC Codes'20 through 30 are covered under the current HCS and are already required to be in compliance with the provisions of that rule. Those tailoring provisions that apply to manufacturing workplaces, such as the consumer product exemption, go into effect immediately for those facilities. Appendices A andB OSHA is not amending Appendix A's discussion of the healtH hazards posed by chemicals, or Appendix B's discussion of hazard determination. They remain applicable to all chemical manufacturers, importers, and employers performing hazard determinations. Appendix C The reference sources listed in this non-mandatory appendix have been updated to reflect currently available sources. Appendix D The recent rulemaking on trade secrets added a new Appendix D regarding the evaluation of the validity of trade secret claims. 51 FR 34590. The full text of this appendix has been reprinted in this document as well. III. Analyses of Regulatory Impact, Regulatory Flexibility, and Environmental Impact The following is a summary of the regulatory impact and regulatory flexibility analysis prepared by OSHA for the revision of the Hazard Communication Standard which extends the scope of the existing standard to the nonmanufacturing sector. The full text of the document may be examined and copied in OSHA's Docket Office, 200 Constitution Avenue. NW., Room N3670, Washington, DC 20210; telephone (202] 523-7894. Economic Analysis As part of OSHA's efforts to gather information concerning the economic feasibility of extending the coverage of the HCS to include workplaces in the nonmanufacturing sector, the JACA Corporation performed a study examining the benefits, costs, and overall economic impact of such a revision. This report was used as the basis for the regulatory impact analysis prepared by OSHA. The analysis reflects the extent to which employers in the nonmanufacturing sector are currently subject to state right-to-know laws and are voluntarily implementing their own hazard communication programs. The analysis also takes into account OSHA's existing policy regarding the use of consumer products and training requirements already imposed on employers by other OSHA standards. With respect to consumer products covered by the HCS, OSHA Instruction CPL 2-2.3BA ("Inspection Procedures for the Hazard Communication Standard. 29 CFR 1910.1200") states; A common seme approach must be employed whenever a product is used in manner similar to which It could be used by a consumer, thus resulting In levels of exposure comparable to consumer exposure. The frequency and duration of use should be considered. For example, it may not be necessary to have a data sheet for a can of cleanser used to clean the sink in an employee restroom. However. If such cleanser is used In large quantities to clean process equipment, it should be addressed in the Hazard Communication Program. This policy haa been incorporated into the revisions to the HCS. and was taken into account when evaluating data describing the number of hazardous chemicals in the various two-digit SIC groups that could be affected by extension of the HCS to the nonmanufacturing sector. Assessing the net impact of (he training provisions required identifying and deducting the costs of existing OSHA standards which already require employers to provide the types of information and training activities prescribed in the HCS. This was done for construction (5 1926.21). shipbreaking (} 1915.97), marine terminals (5 1917.22). and longshoring ({ 1918.86). However, it was not possible to separately identify and deduct the existing training costs for substancespecific standards that currently apply to the nonmanufacturing-aector. Thus, the compliance costs presented In this analysis are somewhat overstated. In extending the rule for manufacturing to the nonmanufacturing sector. OSHA has made revisions to reflect unique aspects of some work operations. For example, the standard allows MSDSs to be maintained at central locations in circumstances where employees must travel between work operations during a workshift. provided that the information can be obtained immediately in an emergency. This provision is expected to lower costs in SIC groups 07.08.09.13. 46. 49, and 73. (See Table 1 for a description of the SICs.) The standard also allows for limited coverage in those work situations where employees handle chemicals in Bealed containers that are not opened under normal conditions of use, and thus have little potential for measurable exposures. Employers would be required to leave warning labels on containers, and make available any MSDSs received with the containers. Employers would also have to be trained in accordance with the standard, with particular emphasis on procedures to follow if there is a spill or leak of the hazardous chemicals in the normally sealed containers. Affected establishments would not have to make special efforts to obtain and keep MSDSs that are not received with the chemicals, and no written plan for complying with the HCS would be required. This provision is expected to 63 51868 Federal Register / Vol. 52, No. 163 / Monday, August 24, 1987 / Rules and Regulations result in lower costs in SIC groups 12. 44. 45.47.51. and 52. Thus the changes made to establish more appropriate provisions for unique work situations should result in lower costs than would be experienced if the HCS for manufacturing were extended to the nonmanufacturing sector without revision. Ttble 1.--SIC Croups Covered to the OSHA Analysts Division A. Agriculture. Forestry, and Fishing Major Group 01. crops Major Group 02. livestock Major Croup 07. Major Group 08. Major Group 09. trapping Agricultural production- Agricultural production-- Agricultural services Forestry Fishing, hunting, and Division B- Mining Major Group IX Oil and gas extraction Division C. Construction Major Group 15. Building construction-- general contractor* end operative builders Major Group IX Construction other than building construction--general contractors Major Croup 17. Conitrucliorv--special trade contractors Division E. Transportation. Communication, Electric, Gas. and Sanitary Services Major Croup 40. Railroad transportation Major Group 41. Local and suburban transmit and interurban highway passenger tronsportition Major Group 42. Motor freight trensportstion and warehousing Major Group 44. Water transportation Major Group 45. Transportation by air Major Group 46. Pipe lines, except natural Major Croup 47. Transportation services Major Group 48. Communication Major Group 49. Electric, gat. and sanitary service* Division F. Wholesale Trade Major Croup 50. Wholesale trade--durable goods Major Group 51. Wholesale tradenondurable goods Division G. Retail Trade Major Croup 52. Building materials, hardware, garden supply, and mobile home dealers Major Group 5X * General merchandise stores Major Group 54. Food stores Major Group 55. Automotive dealers and gasoline service etatione Major Group 58. Apparel and accessory stores Ms jor Croup 57. Furniture, home furnishing, snd equipment stores Major Croup 58. Eating snd drinking place* Major Group 59. Miscellaneous retail Division H. Finance. InsuraAc*. snd Real Estate Major Group 80. Banking Major Croup 61. Credit agencies other than banks Major Group 62. Security and commodity brokers, dealers, exchanges, and services Major Group 83. Insurance Major Croup 64. Insurance agents, brokers, snd service Major Group 85. Real estate Major Group 86. Combinations of real estate, insurance, loans. law office Major Croup 87. Holding and other investment offices Division 1. Services Major Group 70. Hotels, rooming houses, camps, and other lodging places Major Group 72. Personal services Major Group 73. Business services Major Group 75. Automotive repair. services, and garages Major Group 78. Miscellaneous repair services Major Group 78. Motion pictures Major Group 79. Amusement and recreation services, except motion pictures Major Group 80. Health Services Major Group 81. Legal Services Major Group 82. Education Services Major Group B3. Social Services Major Croup 84. Museums, art galleries. botanical and zoological gardens Major Croup 86. Membership organizations Major Group 89. Miscellaneous services The analysis of the benefits, costs, and economic impacts of extending the HCS to the nonmanufacturing sector are projected for 40 years. As indicated, the analysis reflects requirements of state right-to-know laws and voluntarily implemented hazard communication programs. Risk Evaluation/Benefits Analysis For this analysis OSHA estimated the percentage of workers exposed to hazardous chemicals. The percentage and numbers of exposed workers are shown in Table 2 1 by SIC group. The analysis of risks and benefits proceeds from the current annual incidence of chemical-related injuries and illnesses In the nonmanufacturing sector. For workers in this sector, measures of acute chemical source injuries and illnesses included nonlost workday (NLWD) Injuries (13.671) end LWD illnesses (38.249): and fatalities (102). Measures for chronic illnesses Include: chronic illness cases (17,153), cancer cases (25.386). and cancer death.) (12.890). The cancer cases category Includes cancer deaths. (Note that tables used in the computer models for this analysis may vary slightly from these figures due to rounding.) The benefits of the standard result from its expected reduction of occupational injuries and illnesses that are chemically related. Specifically. OSHA projects that the standard will avert 20 percent of these injuries and Illnesses. (Five percent of all cancer 1 Tables t to 10 appear at (b* eod of iKia article cases are assumed to be occupationally related: the 20 percent reduction is applied to this 5 percent of all cases among occupationally exposed workers in the nonnuiiufacturing sector.) However, the full reduction of chronic illnesses and cancers will not occur immediately: rather, the reduction for these cases it phased in over time. For chronic illnesses, the standard is expected to reduce 1 percent of the cases in the first year, 2 percent in the second year, and so on. until it reaches the full reduction of 20 percent. For cancer cases and cancer deaths, the standard is expected not to have an effect for the first 10 years, then It Is expected to reduce 2 percent of the cases in the eleventh year, 4 percent in the twelfth year, end so on until it reaches the full reduction of 20 percent. Benefits were monetized using two independent approaches. The first took into account medical costs and lost earnings incurred by each victim. This "human capital" approach resulted in first-year benefits of S56.3 million, and a 40 year present value of $6.66 billion (summarized in Table 3). A second estimate of benefits was made using the "wiliingness-to-pay" approach. This approach resulted in first-year benefits of SS867 million, and a 40 year present value of $54.8 billion (Table 3). To provide comparability with the estimates of compliance costs, benefits were attributed to the states with rightto-know laws In proportion to the share of hazard communication costs projected for firms in those states. Under the "human capital" approach the' present value of the 40 year stream of benefits from the extension of the HCS. after deducting states with right-toknow-laws, Is S3.80 billion (1935 dollars). Under the willingness-to-pay approach, the present value of the 40year stream of benefits frqm extension of the HCS is S31.0 billion, after deducting the amount attributable to states with right-to-know laws. The monetized benefits of hazard communication in the nonmanufacturing sector, whether monetized in terms of human capital or willingness to pay, are presented alter discounting (at 10 percent). Such discounting does not convey the magnitude of the expected number of injuries, illnesses and deaths tket should be averted by the extension of hazard communication to the nonmanufacturing sector. The actual number of NLWD cases, LWD cases, chronic illness cases, cancer cases, cancer deaths, and other fatalities that are expected to be averted In the first, 64 Federal Register / Vol. 52. No. 163 / Monday. August 24. 1987 / Ruins and Regulations 318E9 twentieth, and fortieth years are the standard, as well as in terms of total characterized by localized markets it presented in Table!. present value over forty years. Present appears likely that most firms will pass The numbers of cases presented in values were calculated usuig a 10 the compliance costs on to their Table 4 ere projections of cases that will percent discount rate. Table 8 presents customers. The post-tax compliance cost be averted by the state right-to-know the costs by provision. as a percent of profits is less than two laws and the extension of the HCS. The total cost attributable to hazard percent in most (over 80 percent) of the Approximately 43 percent of these cases communication laws during the first SICs. Typical firms in these SICs should will be averted as a result of the hazard year the expanded HCS is effective is be able to absorb the costs even if they communication (r'.e.. right-to-know! laws $1.28 billion (1985 dollars). The first year cannot pass them on to their customers. of the states. The remaining 57 percent cost associated with compliance with Given the small absolute magnitude of uniquely relate to the extension of HCS and translate into the following: 148.400 cancer cases and 74.200 cancer deaths, 119,200 chronic disabling illnesses. 448.500 lost work day cases. 702.000 non-lost work day cases, and about 653 non-cancer fatalities avoided over the next 40 years. This estimate is believed to be conservative since OSHA assumed that only 5 percent of all cancers are occupationally related. state right-to-know laws is $597.3 million and $687.3 million with the Federal HCS. The present value of the total HCSrelated compliance costs over the 40 year period is 51.57 billion. Recordkeeping activities are required in the maintenance of MSDSs. As shown in Table 8. the Year 1 costs for this function amount to S44.9 million (1935 dollars). The costs for the twentieth and fortieth years are $6.0 and SI 3.3 million. the compliance costs, and the fact that the analysis.was conducted using first year compliance costs which are significantly higher than the recurring compliance costs for subsequent years, the expansion of the hazard communication standard should have little or no economic impact on typical firms. Community Righl-lo-Know The original Regulatory Impact Analysis (RIA) for the HCS in manufacturing included estimates of benefits arising from the reduction of the incidence of chemical fires in the manufacturing sector. Using the RIA's methodology and newer data obtained from the U.S. Fire Administration's National Fire Incidence Reporting System, OSHA has determined that extension of the HCS to the nonmanufacturing sector would yield first-year benefits (r.e.. the value of property damages and losses avoided) of $1.6 million (1885 dollars). For the twentieth and fortieth yeara, the estimates ale $2.2 and $2.9 million, respectively. The present value of the 40-year stream of benefits Is $20.3 million (using a 10 percent discount rate). Extending the HCS to the nonmanufacturing sector will also yield benefits by eliminating the need for The present value of the costs over 40 years is $84.8 million. Economic Impacts In order to assess the potential economic impacts of expanding the hazard communication standard. OSHA studied the impact of the first year costs on typical establishments that have not implemented any of the provisions. No allowance was made for partial compliance. If establishments can pass through or absorb first year costs, it is assumed that they can afford the minimal recurring costs related to training new employees and the introduction of new hazards. Table 7 presents the average compliance costs, assuming no current compliance, for typical establishments in each SIC Code. Typical establishments in the preponderance for SICs (over 80 percent) would incur compliance costs of less than $700 in the first year. - The cost of extending the Super fund Amendments and Reauthorization Act (SARA) requirements for community right-to-know to the non-manufacturing sector was also estimated. Under Title 111 of SARA, establishments holding a given hazardous chemical in amounts greater than specified threshold quantities must report these chemicals and their quantities to State and local emergency planning committees and the local fire department. Cost estimates were based on EPA's projected phase-in threshold quantities of 10.000 pounds of hazardous chemicals in the first two years, and 500 pounds in the third and subsequent years that the requirements apply to the non-manufacturing sector. The estimated costs for the first Bnd second years are S8.614.300 ar.d $3,524,000. respectively. Third and fourth year costs were estimated to be $63,492,600 and S32.73B.300. employers to comply with multiple state In only one of the SICs does the The economic impact of extending and local right-to-know laws with average total first year cost exceed $800 SARA to nonmanufacturing was also differing requirements. The estimated per establishment. The average first estimated by OSHA. The third year benefits for the first year amount to year cost per exposed employee in ell average total cost of SARA was $39.6 million (1985 dollars). For the SICs is less than $250, or less than S5.00 combined with OSHA's recurring twentieth and fortieth years, tha benefits per worker per week. average total costs of the'Tiazard are SC9.5 and S125.5 million, Table 8 presents a comparison of the Communication Standard to estimate respectively. The present'value of the post-tax compliance costs to a typical the impact. The analysis indicated that 40-year stream of benefits is S578 million firm's revenues and profits. A typical the economic impact per facility of (using a 10 percent discount rate). establishment's pre-tax compliance cost extending SARA to nonmanufacturir.g is Compliance Costs will be a negligible percentage (less than minor, and that costs incurred by one-half of one percent) of the affected establishments could be passed Compliance costs were estimated for establishment's average annual revenue on to the consumer. OSHA believes that five items: preparation of a written in over 96 percent of the SICs. The only the extension of SARA to hazard communication program: exceptions. SIC 63 (Social Service) and nonmanufacturing will not affect the container labeling: provision of MSDSs; SIC 86 (Membership Organizations), are feasibility of the Hazard Communication maintenance of MSDSs: and information primarily composed of nonprofit Standard. and training. Tab'e 5 provides a summary of total establishments that are characterized by relatively Inelastic demand for their Regulatory Flexibility regulatory costs, the coals attributable services. Given the magnitude of the As is shown in Table 9. a majority of to state right-to-know laws and the costs compliance costs in relation to revenue, establishments in all of the potentially attributable to the extension of the and the fact that the affected industry impacted SICs are small businesses with OSHA standard. Costs are presented for sectors are predominantly service fewer than 20 employees. Thus, the the first, twentieth, and fortieth year of providers, which are necessarily average compliance costs for small firms 65 j, 31870 Federal Register / Vol. 52. No. 163 / Monday. August 24. 1987 / Rules and Regulations are very similar to those for typical firms. No disproportionate economic impact is foreseen for small firms. Most establishments in the potentially affected SICs are service providers, which typically compete on the basis of many factors (eg.. location, specialized service, customer relations, etc.) In addition to price. Assuming all firms try to pass their compliance cost on to their customers, minor price differentials of less than one-half of one percent, shown inTable 10. are unlikely to adversely affect the overall competitive position of small entities. As can be seen from Table 10, the cost differential between small and large firms in over 80 percent of the SICs Is anticipated to be less than 0.2 percent of revenue. In SICs B3 and 80 the difference is about 2 percent. However, these SICs are dominated by non-profit firms which are less likely to be subject to price competition. Environmental Impacts ' At the time the current HCS was promulgated in the Federal Register (48 FR 53280), OSHA stated that the standard was unlikely to result in the occurrence of significant health or environmental impacts outside of the workplace. The extension of the HCS does not entail any change from the current HCS in terms of impacts outside the workplace. As concluded previously, the labeling of containers will not have a direct or significant Impact on air or water quality, land or energy use. or solid waste disposal outside of the workplace. Similarly, the requirements for preparation of a written compliance plan, provision and maintenance of MSDSs. and provision of information and training should have no adverse environmental impact IV. Clearance of Information Collection Requirements On March 31.1983. the Office of Management and Budget (OMB) published a new 5 CFR Part 1320, implementing the Information collection provisions of the Paperwork Reduction Act of 1980,44 U.S.C. 3501 et seq. (48 FR 13660). Part 1320. which became effective on April 30.1983. sets forth procedures for agencies to follow in obtaining OMB clearance for Information collection requirements. The sections of the Hazard Communication Standard which may create recordkeeping requirements are paragraphs (d) hazard determination; (e) written hazard communication program; (f) labels and other appropriate forms of warning; (g) material safety data sheets; (h) information and training; and (i) trade secrets. In accordance with the provisions of the Paperwork Reduction Act and the regulations issued pursuant thereto. OSHA certifies that it has submitted the Information collection requirements contained in its rule on hazard communication to OMB for review under section 3504(h) of that Act. V. State Plan Applicability The 25 States with their own OSHAapproved occupational safety and health plans must adopt a comparable standard within six months of the publication date of a final standard. These States include; Alaska, Arizona, California. Connecticut (for State and local government employees only). Hawaii. Indiana. Iowa. Kentucky, Maryland. Michigan^ Minnesota, Nevada, New Mexico. New York (for State and local government employees only). North Carolina. Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia. Virgin Islands. Washington, and Wyoming. Until such time as a State standard is promulgated, Federal OSHA will provide interim enforcement assistance, as appropriate. (Thirteen (13) of these States (Alaska, California. Iowa. Maryland. Michigan. Minnesota. New Mexico, North Carolina. Oregon, Tennessee. Vermont, Washington, and Wyoming) have already expanded the scope of their hazard communication standard/rightto-know law to cover private sector, non-manufacturing workplaces.) Although a Stale HCS Decomes effective in accordance with State promulgation provisions, and is enforceable upon promulgation, OSHA must also review and approve the standard to assure that it is "at least as effective" as the Federal standard. OSHA intends to closely scrutinize State Standards submitted under current or future State plans to assure not only equal or greater effectivenss, but also that any additional requirements do not conflict with, or adversely affect, the effectiveness of the national application of OSHA's standard. Because the HCS is "appliable to products" in that it permits the distribution and use of hazardous chemicals in commerce only if they are in labeled containers accompanied by material safety data sheets, OSHA must determine in its review whether any State plan standard provisions which differ from the Federal are "required by compelling local conditions and do not unduly burden Interstate commerce." Section 18(c) of the Act. 29 U.S.C 667(c). VI. Authority, Signature, and the Final Rule This document was prepared under the direction of John A. Pendergrass. Assistant Secretary of Labor for Occupational Safely and Health. U.S. Department of Labor. 200 Constitution Avenue. NW., Washington, DC 20210. For the reasons set out in the preamble, and under the authority of section 41 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941), section 107 of the Contract Work Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C 333). sections 4.8 and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655.657). Secretary of Labor's Order No. 9-83 (48 FR 35736) and 29 CFR Part 1911. and 5 U.S.C 553. the Occupational Safety and Health Administration hereby amends Parts 1910.1915.1917.1918.1926. and 1928 of Title 29 of the Code of Federal Regulations, as set forth below. List of Subjects in 29 CFR Parts 1910, 1915,1917,1918.1928, and 1920 Hazard communication. Occupational safety and health. Right-to-know. Labeling. Material safetjcdiita sheets: Employee training. Signed at Washington. DC. this IBth day of August 1987. |ohn A. Pendergrass. Assistant Secretary for Occupational Sole') and Health. Table 2 --Worker Exposure to Hazardous Chemicals Industry 1 Total number ot establishment Total employment Percent ot workers exposed to hazardous chemicals Number o! exposed employees sic ot.......... .................. :................................................................................. StC 02........... ............ ....................................................... .............................. 31.739 10.994 504.025 126.039 70 352.818 70 88.227 66 BRB 0096 Federal Register / Vol. 52,. No. 163 / Monday, August 24, 1987 / Rules and Regulations 31871 Table 2.--Worker Exposure to Hazardous Chemicals--Continued Induslry Total number ol establishment Total employment Percent ot workers exposed to hazardous chemicals Number ol exposed employees SIC 07... ........................................................................................................... SIC 08-............................-................................................................. SIC 09..~........... -.....-............... -.............. -................................. -.................. SIC- IT.............................. .......................... . ... , 11M1 .................. , ..... SIC 15............... ....................................... ................................ ....................... SIC 16.......... .................................................. ................................................. SlC 17......................... ........ ..................... .............. .. .......... ......................... SIC 40............... .......................... ............ ......................... ............................ SIC 41...................... ................................................... ................................... sir. aa ,,, SIC 46m~M..... .............................................. ......................... .............. ............. SIC 47............................ ............................................................... ................ SIC 48... .................... ............. ........................................................................ SIC 49.._....................,,................................. ............ ..................................... ....... SIC 50____________________ ___ ___________________________ ________ SIC 51............. ......... ............................................ ........................................ . SIC R.............................................................................. SIC 53........................................... .................... ................. ............................. SIC 54.--.-- ..... ......... ............ ............... ............ ...................................... -- SIC 55.......................... .............................. ,f-,................ ..................... ....... SIC 56................................................................................................ SIC 57..... ........... ............................. . ._. ........... ................ ........ SIC 56______ _______ ____ ___ _ .............. .......... ................... . SIC 59_____________________________________________________________ SIC 60............................................................... SIC 61.............................................................................. SIC 62____ ___ ____ ___________ __________ ________________ SIC 63_______________________ ________ ____________ ___ _____ _ . SIC 64................. ........... ....................... ............................................ ........... SIC 65.. ....... .................................................................................................. SIC 66..... .................................... ...... ................. ............ ................... SIC 67.,,.,,................,...... ............................................... SIC 70.. ............. ........................-................................................ SIC 72....._______________ _____ _______________________ ____________ SIC 73............ ..................................................... ........................ ....... ........ SIC 75..... ........... .................................................................. SIC 76............................................. ................................... SIC 78.............................. ...... SIC 80............................................................................ SIC 81............................................... __................ .............................._ SIC 82....................... .............................. .. .................... .................. SIC 83........................................................... _ ________________ ______ SIC 84.................................. ......... -............. ............................................ SIC 86................................................................................. SIC 09............................ .................................................. Total*.................. ....... ............................ ............................................. Source: US. Department ol Labor, OSHA, Oftice ot Regulatory Analysis. 65,704 2,117 3,886 31,572 166,012 44,702 320,208 16,539 15,539 99.805 6 346 8,691 959 30,783 22,910 15,571 300,972 191,745 66,756 29,818 137,393 173.902 89,022 93,338 309,650 261,694 24 949 49 406 17^995 30,139 96,706 191,400 2.937 15.792 44,697 158.272 284,684 121,431 57,900 if rwft 58.064 365,758 119,861 23,280 66,380 1,592 83,774 117.155 4.503,879 459,479 20.223 13.549 591,714 1,137.853 791.892 2.406.916 324,206 205.578 1,323.495 170,013 490.395 18.405 267.113 1.321.116 890.586 3,357,168 2,295.451 662.051 2.230.449 2.696.839 1,850,359 1.004 666 714,264 5.479,633 2,133.614 1 601,408 733 201 346^214 1,190,103 536.223 1,077.550 13.752 138.486 1,273.343 1.068,670 4,092.820 713.798 316.365 ADA 757.287 6.167,938 670.317 1.174,052 1.182,651 39.021 724,283 1,200.885 58,890,236 70 321.635 70 14.156 20 2.710 70 414.200 70 796.497 70 554,324 70 1.654.641 40 129.682 20 57 116 20 264.699 70 1 Pd RHQ 40 196.158 60 11.043 40 106.845 5 66.056 40 355.234 10 335.717 25 573.863 50 331 0?6 5 111.522 20 539,368 60 1.110.215 5 50 233 5 35,713 25 1,369.908 20 426.723 5 84 070 5 33 660 5 17.311 5 59.505 5 26.811 5 53.878 5 688 5 6.924 25 318.336 50 534.335 50 2.046 410 50 356.899 60 189.819 30 65 042 20 151,457 60 3,700,745 5 33,516 10 117.405 5 53.133 25 9 755 - $ 36.214 ' 5 60.04* 18.391.096 Table 3.--Estimated Benefits^ Haza.ro Communication [Millions ol 1965 dollars] Type ol injury/illnesa Benefits--Year t 20 40 TPV HUMAN CAPITAL APPROACH NLWO: 1 Lost earnings.......................................................................... ................................. Merfccal cost*.................... ................................... ......................................................... LWO: Lost earnings....................................................... ....... .................................................... 0.7 1.3 2.5 93 1.7 4.6 13.4 30 3 15.2 28.3 57.1 239 3 67 31872 Federal Register / Vol. S2, N'o. 163 / Monday. August 24, 1987 / Rules and Regulations Table 3.--Estimated Benefits of Hazard Communication--Continued (Millions ot 1985 dollars) Type ot tnjury/Mness Benefits--Year 1 20 40 TPV Med** costs_________________________________ ________ Chronic: Lost earnings.. ---_______________ ._ _____ ___________ _________________ Medical costs__ --.......... ........................... ...... ............ .............. ........ ................. Cancer: Lost earnings ______ ____ -- ..................................................................... Medical costs____ _ ............... ..... ...................... ..... ........................ Fatalities: Lost earnings____ ______________________ ____________ Total ...... .. ..................................................... .......................... 10.9 20.5 28 0 0 44 56.3 29.2 722.8 143 4 661.6 290.9 7.3 1,687.3 86.5 1.365 B 404.1 ' 1.309.6 906.4 13.0 4.150.3 192 2 2.967 5 582 8 1.735 2 875 8 56 6 6.659.1 wiwn two___ Chronic Cancer FataMie* WIU.INGNESS-TO-PAY approach ................. -. . . .................... ............................ ......... ____ ___ _________ _______________ ______ _________________ ___ __ _. __ __ _____ ____ __________ _____ _____ ............. . ............................................................. TntJil .............. ... ............................... 59 6 374 4 61 7 0 72 9 568.7 107 8 6B6 4 2.173.7 14,529.0 123.4 17.620.7 711 9 1.371.1 4,121.6 29.651.2 255 3 35.551.2 A04 6 5.099.8 8.924 3 38.812 0 946 9 54,587 4 Source JACA Corporation Report 4.--Table Injuries, Illnesses, and Fatalities Averted by Hazard Communication in the Nonmanufacturing Sector Year Commu 1 20 40 tative total FEDERAL AND STATE STANDAROS COMBINED ni wn two Ohmnir................................. ...................... ............................. Cancer rate* ... ... _______ Cancer death* . ... Nnnranrar death* ................................ ,,. ............... IMPACT OF FEOERAL STANDARD ALONE Ntwn LWDChrnnie __________ ________________ _________ _______ __ ... niiKarun*... Cancer death*............................... .... _ .............................................................................. Noncancer deaths-- ___ ________________ ___ ____ __________ __ _______ 17 000 10 700 150 o o 0 a roo 5.5C0 7$ o 0 0 30 000 19 600 6.200 8,200 4,100 20 16 000 10^200 3.200 4 248 2 100 10 60 600 39 ?no 11.800 17,000 8 500 80 1 354 500 665 600 230.100 286 500 143 300 1,200 31 400 20^300 6.100 8.806 4.400 41 702 000 448.500 119.200 148.400 74.200 653 Source: U.S. Department ot Labor. OHSA. OHice ot Regulatory Analysis. Table 5.--Summary of Hazard Communication Costs [Millions ot 198S dollars) Table 5.--Summary of Hazard Communication Costs--Continued [Millions ol 1985 dollars) Source: U.S. Department ipl Labor. OHSA. Office ol Regulatory Analysis. Year Total , 1.284.5 20______ ___ 214.5 40_____________ 384.0 State OHSA 597.3 101.3 184.0 887.2 113.2 200.0 Year j Total j Tolat present .1 2.926.4 velue________ 1 State 1.356.3 OHSA 1.570.1 I 68 Federal Register / Vol. 52, No. 103 / Monday, August 24. 1987 / Rules and Regulations 31873 Table 6.--Summary of Federal HCS Costs by Provision (Millions ol 1985 dollars) Year Main tain MSDS't Label ing Writ ten Train ing Provide MSDSs Totals t ............................... ,........,,................. , .................... . 40 ............................................... ............. TPV................. ............................................................................................................................... 44.9 12.8 137.4 472.9 6.0 20.3 5.7 78.7 13.3 35.2 8.4 136.5 84.8 170.9 170.9 1054.6 19.3 687.2 25 113.2 56 200.0 88.9 1570 1 Source: U S. Department ol Labor, OHSA. Office of Regulatory Analysis. Table 7.--Summary of HCS Costs per Establishment Not in Compliance With HCS (1985 dollars} Industry | First year j Average costs per 1 establish 1 ment Average costs per exposed employee Second year Average costs per establish ment Average costs per exposed employee SIC 01_____________ ;____...................................... .......................................................... ...... SIC 02..... ..................... .................................... ........ ............................................................... SlC 07 r..........________,_-r, T . ......1.-- 111.n.n- ....................... SIC 08..... .......... .................................................. .........................._................................... SIC 09..... .................. ....... ..... ........,,........ ...................... .... .............................. .................... SIC 13..... ............. ...................... ................................................................... .............. ........... SIC 15___ _________________ ____ ________ ____________ ______ ___________ ________ SIC 18. ___ . ............................................................. _...... ................ ...... sic. it.......................................................................................................................................................... ........... SIC SIC SIC SIC SIC 40.................................................................................................... ................................................................................................_.............. 41 ________ _______________________________________________________________________________________________________________ 42______________________________________________________________________________________________________________________ 44........................................................ ................................................ ...................................................................................................... 46 ..... ........................................ ......................... SIC 48........................................................................................................................................................... SIC SIC SIC SIC SIC 47__________________________________________ ____________________________________________________________________ 48_________________________________________________________________________________________________________________________ 49............................................................................................................................................................................................................................ so..................................................................................................................................... SI ....................... SIC SIC SIC 52...'.____________________________________________________________________________________________________________________ 53.........._____________ ____________________________ ___________________ _______________________________ S4 ..................... ........ ............ ................................... ........... ......................................... SIC SIC SIC SIC SIC SIC 55..--............................................................................................ ................................................................................................................ 56.................................................,,...................................................................................................................................................................... 57......................................................,,.................................................................................................................................................................. 58_________________________________________________________________________________________________________________________ 59___________________________________________ __________________________________________________________ 60.................................. ........... .................... ............ .............................................. .... ......... SIC SIC 61..................................................... ............................... _ ________________________________ 62--------- .... .................................................................................................................................................................................... SIC SIC 63___________________________________________________________________________________________________________ 64 ...................................................................................................................................... ________ SIC SIC SIC SIC 65................._______________________________________________________________________________________________________ 66............... ........................ ...................... ............ ................................................................................................... 67........... .................................................................................................... 70 .................................................... ............................................ SIC SIC SIC SIC SIC SIC SIC SIC sm SIC SIC 73................. ......................... .......................................... .......................... .. ................... ! 75........................................ ................ ............. ......... ........................................... ....... .. 78....................................................................... ......................... .............. ...................... 78___________________ __ ____ ______________ __ __________ ______ ______________ 79........................................................................................................ 80......................................................................... ........._......................................... ........ 81____________________f._____________ ___ _______ ______ ________ _______ _______ 8?....................................... ,........ ............. -....... .......................................... *a .................................................................................................................................................................................................................... 84.------- _ --------------------------------------------------- -------------------------------------------- M .............. ................................................,....... .......................... TTTt" 1(TI1|U>u................... 502 475 490 358 304 497 150 225 169 603 285 273 442 - 692 461 398 319 798 472 700 335 372 323 437 265 268 337 321 410 217 312 2S0 236 306 238 415 406 500 444 381 325 351 346 581 242 287 337 60S 273 45 59 100 54 242 38 31 18 32 86 76 98 30 40 40 115 50 35 238 234 68 50 82 68 149 190 76 184 61 76 79 46 155 186 181 167 57 148 62 130 99 83 117 57 153 46 132 99 149 32 23 28 26 6 72 12 34 14 51 11 12 55 72 55 15 15 64 14 32 20 27 18 31 6 6 17 7 .21 9 18 16 5 8 5 12 37 16 43 14 15 26 20 57 7 10 11 39 6 69 BRB 0099 31874 Federal Register / Vo!. 52. No. 16; .day, August 24. 1987 / Rules and Regulations Table 7.--Summary of HCS Costs per Establishment Not in Compliance With HCS--Continued (1985 dollars) Industry SIC 89....................... ..... .................. ......... Source: U.S. Department ol Labor, OSHA, Office ol Regulator Analysis. First year Average coals per establish ment Average costs per exposed employee Second yea/ Average costs per establish ment Average costs per exposed employee 312 146 10 .. 5 Table 8.--Analysis of Post-Tax First-Year Compliance Costs (1985 dollars) Industry SIC 01___________ SIC 02___________ SIC 07___________ SIC 08 SIC 09___________ SIC 13___________ SIC 15 SIC 18 SIC 17 SIC 40___________ SIC 41___________ SIC 42___________ SIC 44 SIC 45___________ SIC 46___________ SIC 47,.v_________ SIC 48___________ SIC 49___________ SIC 50..___ ______ SIC 51.......... ......... SIC 52___________ SIC 53___________ SIC 54_____ -____ SIC 55___________ SIC 58___________ SIC 57___________ SIC 58 SIC 59................. _ SIC 60___________ SIC 61__ ________ SIC 62___________ SIC 63___________ SIC 64 SIC 65______ ____ SIC 66___________ SIC 67 SIC 70_______ __ _ SIC 72__________ SIC 73_________ SIC 75 SIC 76_________ SIC 78________ SIC 79__________ SIC 80_________ SIC 81___________ SIC 82__________ SIC 83 SIC 83___________ SIC 84___________ SIC 86___________ Average annual revenue per establishment Average cost as a percent ot revenue per establishment Average net income per establishment Average posltax cost per establishment Post tax cosl as a percent ol net . income per establisnment 2,794,100 11,275.400 286.600 1.689,100 797,500 6,185,600 616,700 1.4)9,700 372.400 2.584.100 411,400 730.100 2.214.300 5.900.000 20.569.600 831.900 5.347.900 16.269,000 1.866.900 3.371,500 793.800 5.702.000 2.089.700 2.016,100 507.600 371.400 333,500 829.100 14.970.800 2.585.300 1.858.900 12.911,400 220.400 338,400 661.600 798.300 6C7.000 228.500 531.600 351.800 187.100 815.900 782,100 198.200 456.000 NA NA NA NA NA 0.018 0.004 0.171 0.021 0.038 0.008 0.018 0.016 0.045 0.023 0.069 0.037 0.020 0.015 0.002 0 048 0006 0005 0.025 0021 0.042 0.007 0.015 0.022 0.052 0.078 0.088 0.039 0.003 0.008 0.017 0.002 0.107 0090 0.036 0.052 0.067 0.219 0.084 0.10B 0.174 0.043 0044 0.293 0.053 0.168 1.783 1.763 0.094 1.007 103.382 417.190 7.165 42.228 19.938 346.405 19.601 56.788 10.800 111.116 13.165 21.903 141.715 70.800 1.069.619 14.974 390.397 732,105 28.004 57.316 20.639 136.848 25.076 16.129 19.796 11.513 11,122 20,728 509.007 41.355 135.554 43B.988 15.859 27,749 54.251 167.643 34,599 10.283 21.264 8.795 7.671 31220 51,619 6.342 10,032 NA NA NA NA NA 377 356 368 268 228 373 113 169 127 453 214 205 331 669 346 299 239 599 354 525 251 279 242 327 199 216 252 241 307 163234 187 177 230 178 311 306 375 333 286 244 263 260 436 182 215 252 252 456 205 035 0 09 5 13 064 1.14 Oil 0.57 0.30 1.17 0 41 1.62 094 0 23 0.94 0.03 1.99 0.06 0.08 1.26 0 92 1.22 0.20 0.56 2.03 1.00 1 68 2 27 1 16 006 0.39 0.17 0 04 111 0 83 0.33 0.19 0 88 364 1.57 3.25 3.18 0.83 0.50 6.87 1.81 NA NA NA NA NA 70 i BRB 0100 Federal Register / Vol. 52. No. 183 / Monday. August 24. 1987 / Rules and Regulations 31875 Table 8.--Analysis of Post-Tax First-Year Compliance Costs--Continued (1085 dollars] Industry Average annual revenue per establishment Average cost as a percent of revenue per establishment Average net income per establishment Average post tax cost per establishment Post tax cost as a percent ol net income per establishment SIC 09.TM_____ ____________ - ______ 290,500 Source: U S. Department of Labor, OSHA, Office of Regulatory Analysis. 0.107 11,039 234 2.12 Table 9.--Establishments With Fewer Than Twenty Employees SIC code Total number of estab lishments Number ol estab lishments with 1 to 19 employ ees Percent of estab lishments with 1 to 19 employ ees 01....... . 02........ ...... 07............... 08............... 09......... ._... 13............... 15............... 16............... 17............... 40......... ..... 41............... 42............... 44............... 45............... 46........... . 47...... ........ 48............... 49............... 50________ 31,739 10,994 65,704 2,117 2J60 31.57.1 166,012 44.702 320.206 16,539 15 267 94,561 8,346 8,691 959 30,783 10.319 15,571 169,451 27,440 9.574 61,928 1.852 288 26,037 154.819 37.484 294 650 15756 11,998 80,822 6,917 8,514 724 26,420 6,612 10.922 133,233 86 87 94 67 97 62 93 84 92 85 79 85 83 75 75 92 84 70 79 Table 9--Establishments With Fewer Than Twenty Employees-- Continued SIC code Total number of estab lishments Number of estab lishments with 1 to 19 employ ees Percent of estab lishments with 1 to 19 employ ees 51............. 52.... ........ 53............. 54............. 55............. 56............. 57............. 58............. 59......... .... 60____ __ 61............. 62............. 63............. 64............. 65............. 66_______ 67............ 70............. 191.745 66.756 14.909 137.393 173.902 28,181 23,582 309,650 244.849 12,475 12.912 4.380 10.998 17,577 32.714 524 2.790 44,697 168.562 60.097 B.S63 114,738 152.920 23,874 20,474 241.282 227,803 6.318 9.561 3,079 7,263 15,606 28.099 488 2.239 34,693 87 90 60 84 88 85 87 78 93 51 74 70 66 89 86 93 80 78 Table 9.--Establishments With Fewer Than Twenty Employees-- Continued SIC code Total number o( estab lishments Number of estab lishments with 1 to 19 employ ees Percent of estab lishments with t to 19 employ ees 72________ 73_............ 75............... 78......... ..... 78_____ __ 79 80________ 81 82________ 83________ 64_______ 66________ 89...... ........ 158.272 284.684 121,431 57.900 15.338 50,981 365.758 21.210 18.661 23.148 1.592 19,757 28,103 149.812 249.553 116.344 55.543 13,314 42.916 338,396 18,659 11,197 17.068 1.250 16.416 23,179 95 88 9S 95 87 84 93 88 60 74 79 83 82 Source: U.S. Department of Labor, OSHA, Office of Regulatory Analysis. From Chapter 5 ol the JACA Report (4). Column 2 divided by Column 1. Table io.--Analysis of Impact on Smauest Versus Largest Establishments [Comparing average costa as a percent of revenue] SIC code Average cos! as t percent ot revenue per establish ment 250+ employees Average cost as a percent ol revenue per establish-. merit 1-t9vemployees Difference in cost as percent of revenue due to size ot establish ments 01......................................................................... ......... 07........... ............... ... ...... ------................................................. T.... ........................ ......................... ......._...... 08.................................... ....................................... 09...... ............................................ ......................................................... ................ ........................................ 13.... ..... .... ............................................................................. .... 15........ ............................................................... 18.............................. 17........... 40.................................................................... 42- -------45..... -------------- 1 .. ................ ................ ............................... ......... ........... ...... ................................... 47................................................................ 46______ _______ __________________________________ ___________ -,,,.,r,,,.r,_-r,_TT........ ......... 0 003 0.001 0.038 0.007 0.002 0.002 0.003 QpQ7 0017 0 006 0.007 0.007 0.007 0 009 OOOO 0.003 0.002 0.044 0.009 0.189 0018 0.021 0.035 0.044 0 064 0.C55 0.0B2 0248 0.103 0060 0.105 0 174 0.101 0.041 0.040 0.008 0.151 0.011 0.018 0 033 0.042 0.057 0048 0.075 0.240 0096 0053 0096 0.174 0 096 0.039 71 31S76 Federal Register / Vol, 52, No. 103 / Monday, August 24. 198" / Rules and Regulations Table 10.--Analysis of Impact on Smallest Versus Largest Establishments--Continued (Comparing average costs as a percent of revenue] SIC code Average cost as percent of revenue per establish ment 250+ employees Average cost as a percent of revenue per establish ment 1-19 employees Drilerence in cost as a percent ol revenue due to st2e ol establish ments 49 ...................... .................................................... .............. ........................................................... 51......... ....................................................... .......................... _............ ....................... -.......... -........................ 52------ ---------------------------- --------------------- .. -- -.............................................-.................... -....... 53 .................. ........................................ .............. ................ .......................................................................................................... *A ................... ........ , , ..........,................................ ........................................................... . , ............... ................................. ........ ............................................... ........ *0 ................................................................................................................................................... An fli ................ R?....... .................................................................... . ,,,,, , , , 63____ . 64 ____ ,, ....... ........................... .................... ..................................... ................ ........................................................................................... 65 ---.... ............................ ................................ ..................................... .!..................... ............... ....... ....... .. 66................................... .................................. ................................ 67................. ................... ................. 72 _ _ ; .. 73............................ .. . ___________________ _________ ___ _____________________ ......... 76................................ 78.................................... 79 ......................................... RO ....................................... .................................................. ... ......... .................. 67 M................ . ....................... 64 88..................................................... 89.................................... .... ............................. .................. ....... ......................... .......................... Source: U.S. Department ot Labor. OHSA, Office of Regulatory Analysis. 0.002 0003 0.006 0.008 0.002 0.002 0.006 0.002 0.003 o.ooe 0.003 0.001 0.000 0.003 0.000 0.002 0.005 0.001 0.003 0.021 0.007 0.026 0.004 0.099 0.007 0.016 0.269 0.116 0.025 0.428 0.033 0.035 0.008 0 049 0 047 0.037 0034 0 038 0 032 0.046 0 038 0 029 0 026 0.054 0 052 0.044 0.038 0.104 0 102 0.117 0 114 0.158 0 150 0.055 0 051 0.012 0.011 0.038 0 038 0.028 0 025 0.069 0.069 0.179 0 177 0.124 0 119 0.054 0.053 0.096 0.093 0.283 0 262 0.346 ' - 0.339 0.204 0.175 0.151 0.148 0205 0 106 0.113 0.071 0 106 0055 0.370 0 077 0 101 -0041 0.915 0 890 2.293 1 865 0 259 2.109 0 226 2 074 0.210 0.202 OSHA la amending Parts 1910.1915, 1917.1918.1926. and 1928 of Title 29 of the Code of Federal Regulations as follows: PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS 1. The authority citation for Subpart Z of Part 1910 continues to read aa follows: Authority: Secs. 6. 8. Occupational Safety and Hralth Act (23 U.S.C. 655. 6S7): Secretary of Labor's Order No. 12-71 (36 FR 8754): 8-78 (41 FR 2509): or 9-83 (48 FR 33730) as applicable: and 29 CFR Part 1911. Section 1910.1000 Tablet Z-l. Z-2. Z-3 also Issued under 5 U.S.C. 553. Section 1910.1000 not issued under 29 CFR Part 1911. except for "Artdnlc" and "Cotton Dust" listings in Table Z-l. Section 1910.1001 not iasued under Sec. 107 of Contract Work Houra and Safety Standarda Act. 40 U.S.C. 333. Section 1910.1002 not iasued under 29 U.S.C. 855 or 29 CFR Part 1911: alao issued under 5 U.S.C. 553. Sections 1910.1003 through 1910.1018 also issued under 29 U.S.C. 853. Section 1910.1025 also issued under 29 U.S.C. 853 and 5 U.S.C. 553. Section 1910.1043 also issued under 5 U.S.C. 551 el set). Sections 1910.1045 and 1910.104" also Issued under 29 U.S.C. 853. Sections 1910.1200.1910.1499 and 1910.1500 also Issued under 5 U.S.C. 553. PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT 2. The authority citation for Part 1915 is revised to read as follows: Authority: Sec. 41. Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941): secs. 4. 8. 8. Occupational Safety and Health Act of 1970 (29 U.S.C. 853.855. 857): Secretary of Labor's Order No. 12-71 (36 FR 8754). 8-76 (41 FR 25059). or 9-83 |48 FR 35730). as applicable: 29 CFR Part 1911. Section 1915.99 also issued under 5 U.S.C 553. PART 1917--MARINE TERMINALS 3. The authority cilaTldn for Part 1917 is revised to read as follows: Authority: Sec. 41. Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941). secs. 4.6.8. Occupalior.at Safely and Health Act of 1970 (29 U.S.C. 653. 655. 657| Secretary of Labors Order No. 12-71 (36 FR 87541. 8-76 (41 FR 25059). or 9-B3 (4a FR 337361. as applicable: 29 CFR Part 1911. Section 1917.28 also issued under 5 C S C 553. PART 1918--SAFETY AND HEALTH REGULATIONS FOR LONGSHORING 4. The authority citation for Part 1918 is revised to read as follows: Authority: Sec. 41. Longshore and Harbor Workers' Compensation Act (33 U S C 9411 72 Federal Register / Vo!. 52. No. 103 / Monday. August 24, 1987 / Rules and Regulations 31877 tecs 4. 6. 8. Occupational Safety and Health Act of 1970 (29 U.S.C. 653.655,657); Secretary of Labor * Order No. 12-71 (36 FR 6754). 8-78 {41 FR 25059). or 9-63 (48 FR 35738). aa applicable. Section 1918.90 alio inued under 5 U.S.C 553 and 29 CFR Part 1911. PART 1926-SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION 5. The authority citation for Subpart D of Part 1926 is revised to read as follows: Authority: Sec. 107. Contract Work Hours and Sufetv Standards Act (Construction Safety Act) (40 U.S.C. 333): secs. 4.6. 8. Occupational Safety and Health Act of 1970 (29 U.S.C. 853.655.657); Secretary of Labor's Order No. 12-71 (38 FR 8754). 8-70 (41 FR 25059). or 9-83 (48 FR 35738). as applicable. Section 1926.59 also issued under 5 U.S.C 553 and 29 CFR Part 1911. PART 1928--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR AGRICULTURE 6. The authority citation for Part 1928 Is revised to read as follows: Authority: Secs. 8 and 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 855, 857); Secretary of Labor'a Ordera 12-71 (36 Fit 8754), 8-76 (41 FR 25059). or 0-83 (48 FR 35736). as applicable: 29 CFR Part 1911. Section 192IL21 also issued under 5 U.S.C 553. PARTS 1910, 1915, 1917, 1918, 1926 and 1928--[AMENDED] 7. Parts 1910.1915,1917.1918. and 1926 are amended by revising 11910.1200 as set forth below, and by adding 1915.99,1917.28.1916.90. and 1926.59 to contain the identical text of the revised 11910.1200. including Apendices A, B. C, and D of 1910.1200: I ------ Hazard communication. (a) Purpose. (1) The purpose of this ectiun is to ensure that the hazards of all chemicals produced or Imported are evaluated, and that information concerning their hazard /is transmitted to employers and employees. This transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, material safety data sheets and employee training. (2)This occupational safety and health standard if intended to address comprehensively the issue of evaluating the potential hazards of chrmicals. and communicating information concerning hazards and appropriate protective measures to employees, and to preempt any legal requirements of a stnte. or political subdivision of a state, pertaining to the subject. Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees, may include, for example, but is not limited to, provisions for developing and maintaining a written hazard communication program for the workplace, Including lists of hazardous chemicals present; labeling of containers of chemicals in the workplace, as well as of containers of chemicals being shipped to other workplaces; preparation and distribution of material safety data sheets to employees and downstream employers; and development and implementation of employee training programs regarding hazards of chemicals and protective measures. Under section 18 of the Act. no state or political subdivision of a slate moy adopt or enforce, through any court or agency, any requirement relating to the issue addressed by this Federal atandard. except pursuant lo a Federally-approved slate plan. (b) Scope and application. (1) This section requires chemical manufacturers or Importers to assess the hazards of chemicals which they produce or import, and all employers to provide Information to their employees about the hazardous chemicals lo which they are exposed, by means of a hazard communication program, labels and other forms of warning, material safely data sheets, and information and training. In addition, this section requires distributors to transmit the required information to employers. (2) This section applies to any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency. (3) This section applies to laboratories only as follows: (i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced: (ii) Employers shall maintain any material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible to laboratory employees: and, (iii) Employers shall ensure that laboratory employees are apprised of the hazards of the chemicals in their workplaces in accordance with paragraph (h) of this section. (4) In work operations where employees only handle chemicals in sealed containers which ere not opened under normal conditions of use (such as are found in marine cargo handling, warehousing, or retail sales), this section applies to these operations only as follows: (i) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced: (ii) Employers shall maintain copies df any material safety data sheets that are received with Incoming shipments of the sealed containers of hazardous chemicals, shall obtain a material safety data sheet for sealed containers of hazardous chemicals received without a material safe'ty data sheet if an employee requests the material safety data sheet, and shall ensure that the material safety data sheets are readily accessible during each work shift to employees when they are in their work area(s); and, (iii) Employers shall ensure that employees are provided with information and training in accordance with paragraph (h) of this section (except for the location and availability of the written hazard communication program under paragraph (h)(l)(iii)). to the extent necessary lo protect them in the event of a spill or leak of a hazardous chemical from a sealed container. (5) This section does not require labeling of the following chemicals: (i) Any pesticide as such term is defined in the Federal Insecticide. Fungicide, and Rodenticide Act (7 U.S.C. 138 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency: (ii) Any food, food additive, color additive, drug, cosmetic, or medical or veterinary-device, including materials intended for use as ingredients in such products (e.g. flavors and fragrances), as such terms are defined in the Federal Food. Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and regulaticns issued under that Act. when they are subject to the labeling requirements under that Act by the Food and Drug Administration; (iii) Any distilled spirits.(beverage alcohols), wine, or mail beverage intended for nonindustrial use. as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) and regulations issued under that Act. when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Bureau of Alcohol Tobacco, and Firearms; and. (iv) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) end Federal Hazardous Substances Act (15 U.S.C. 1201 et seq.) respectively, when subject to a consumer product safety standard or labeling requirement of those Acts, or regulations issued under those Acts by 73 31678 Federal Register / Vo!.-52. No. 1(53 / Monday. August 24. 1987 / Rules and Regulations the Consumer Product Safety Commission. (6) 1 his section does not apply to: (i) Any hazardous waste us such term is defined by the Solid Waste Disposal Act. as amended by the Resource Conservation and Recovery Act of 1978. as amended (42 U.S.C. 0901 et seq.). when subject to regulations issued under thul Act by the Environmental Protection Agency: (ii) I ubucco or tobacco products: (iii) Wood or wood products: (i\ I At tides: (v) Tood. drugs, cosmetics, or alcoholic beverages in a retail establishment which are packaged for sale to consumers: (vi) Poods, drugs, or cosmetics intended for personal consumption by employees while in the workplace: (viij Any consumer product or hazardous substance, as these terms are defined in the Consumer Product Safety Act (15 U S C. 2051 el Seq ) and Federal Hazardous Substances Act (15 U.S.C. 1261 el seq.) respectively, where the employer can demonstrate It is used In the workplace in the same manner as normal consumer use. and which use results in a duration and frequency of exposure which is not greater than exposures experienced by consumers: and. (\ iii) Any drug, as that term is defined in the Federal Food. Drug, and Cosmetic Act (21 U.S.C. 301 el seq.). when it is in solid, final form for direct administration to the patient (i.e. tablets or pills). (c) Definitions. "Article" means a manufactured item: (if Which Is formed to a specific shape or design during manufacture; (li) which has end use function(s) dependent in whole or In pari upon its shupc or design during end use: and (iii) which does not release, or otherwise result in exposure to. a hazardous chrmicul. under normal conditions of use. "Assistant Secretary" meuns the Assistant Secretary of Labor for Occupational Safely and Health. U.S. Deportment pf Labor, or designee. "Chemical" means any element, chemical compound or mixture of elements and/or compounds. "Chemical manufacturer" means an employer with a workplace where chemical(s) are produced lur use or distribution. "Chemical name" means the scientific designation of a chemical in accordance wilh the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Sendee (CAS) rules of nomenclature, or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation. "Combustible liquid" means any liquid having a flashpoint at or above 100 F (37.6 *C), but below 200 * F (93.3 * CJ. except any mixture having components with flashpoints of 200 *F (93.3 *C). or higher, ihe total volume of which make up 99 percent or more of the total volume of Ihe mixture. "Common name" means any designation or identification such as code name, cede number, trade name, brand name or generic name used to identify a chemical other than by its chemical name. "Compressed gas" means: (i) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 pei at 70 *F (21.1 *C): or (ii) a gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130 *F (54.4 'C) regardless of the pressure at 70 *F (21.1 C): or (iii) A liquid having a vapor pressure exceeding 40 psi et 100 *F (37.8 'C) as determined by ASTM D-323-72. "Container" means any bag. barret bottle, box. can. cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of (his section, pipes or piping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers. "Designated representative" means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization. "Director" means the Director. National Institute for Occupational Safety and Health. U.S. Department of Health and Human Services, or designee. "Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers. "Employee" means a worker who may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies. Workers such as office workers or bank tellers who encounter hazardous chemicals only in non-routine, isolated instances are not covered. "Employer" means s person engaged In a business where chemicals ere either used, distributed, or are produced for use or distribution, including a contractor or subcontractor. "Explosive" means a chemical that causes a sudden, almost instantaneous release of pressure, gas. and heat when subjected to sudden shock, pressure, or high temperature. "Exposure" or "exposed" means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc ), and includes potential (e g. accidental or possible) exposure. "Flammable" means a chemical that falls into one of the following categories: (i) "Aerosol, flammable" means an aeiosol that, when tested by the method described in 16 CFR 1500.45. yields a flame projection exceeding 18 inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening. (ii) "Gas. flammable" means: (A) A gas that, el ambient temperature and pressure, forms a flammable mixture with eir at a concentration of thirteen (13) percent by volume or less: or (B) A gas that, at ambient temperature and pressure, forms a range of flammable mixtures with eir wider than twelve (12) percent by volume, regardless of the lower limit: (iii) "Liquid, flammable" means any liquid having a flashpoint below 109 'F (37.8 "C). excepl any mixture having components wiLh flashpoints of 109 *F (37.6 *C) or higher, the total of which make up 99 percent or more of the total volume of the mixture: (iv) "Solid, flammable" means a solid, other than a blasting sgent or explosive as defined in $ 190.109(c). that is liable to cause fire through friction, absorption of moisture, spontaneous chemical charge, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. A chemical shall be considered lo'be a flammable solid if. when tested by the method described in 16 CFR 1590.44. it ignites and bums with a self-sustained fiame at a rate greater than one-tenth of an inch per second along its major axis. "Flashpoint" means the minimum temperature el which a liquid gives off a vapor in sufficient concentration to ignite when tested as follows: (i)Tagliabue Closed Tester (See American National Standard Method of Test for Flash Point by Tag Closed Tester. Zll.24-1979 (ASTM D 56-70)) for liquids with a viscosity of less than 45 Saybolt University Seconds (SUS) at 100 *F (37.8 *C). that do not contain suspended sobds and do not have a 74 BRB 0104 Federal Register / Vol. 52, No. 163 / Monday. August 24. 1907 / Rules and Regulations 31B79 tendency to form a surface Rim under test; or (ii) Pensky-Martens Closed Tester (See American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester. Zll.71979 {ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100 *F (37.8 X). or that contain suspended solids, or that have a tendency to form a surface film under test: or (iii) Selaflash Closed Tester (see American National Standard Method of Test for Flash Point by Selaflash Closed Tester (ASTMD 3Z78-7B)) Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified above. "Foreseeable emergency" means any potential occurrence such as. but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace. "Hazardous chemical" means any chemical which it a physical hazard or a health hazard. "Hazard warning" means any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the hazard(s) of the chemical(s) in the container(s). "Health hazard" means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term "health hazard" Includes chemicals which are carcinogens, toxic or highly inxic agents, reproductive toxins, irritants, corrosives, sensitizers, hcpatotoxfns. nephroloxins, neuroloxins. agents which act on the hematopoietic system, and agents which damage the lungs, skin. eyes, or mucous membranes. Appendix A provides further definitions and explanations of the scope of health hazards covered by this section, and Appendix B describes the criteria to be used to determine whether or not a chemical is to be considered hazardous for purposes of this standard. "Identity" means any chemical or common name which is indicated on the material safety data sheet (MSOS) for the chemical. The identity used shall permit cross-references tolbe made among the required list of hazardous chemicals, the label and the MSDS. "Immediate use" means that the hazardous chemical will be under the control of and used only by the person criteria to be used in evaluating trade who transfers it from a labeled secrets. container and only within the work shift "Unstable (reactive)" means a in which it is transferred. chemical which in the pure state, or as "Importer" means the first business produced or transported, will vigorously with employees within the Customs polymerize, decompose, condense, or Territory of the United States which will become self-reactive under receives hazardous chemicals produced conditions of shocks, pressure or in other countries for the purpose of temperature. supplying them to distributors or employers within the United States. "Use" means to package, handle, react, or transfer. "Label" means any written, printed, or "Wnter-reactive" means a chcmicjl graphic material, displayed on or affixed that reacts with water to release a gas to containers of hazardous chemicals. that is either flammable or presents a "Material safety data sheet (MSDS)" health hazard. means written or printed material concerning a hazardous chemical which is prepared in accordance with paragraph (g) of this section. "Work area" means a room or defined space in a workplace where hazardous chemicals arc produced or used, and where employees are present. "Mixture" means any combination of two or more chemicals if the combination is not. in whole or in part, the result of a chemical reaction. "Organic peroxide" means an organic "Workplace" means an establishment, job site, or project, at one geographical location containing one or more work areas. compound that contains the bivalent -O- (d) Hazard determination. (1) O-structure and which may be Chemical manufacturers and importers considered to be a structural derivative shall evaluate chemicals produced in of hydrogen peroxide where one or both of the hydrogen atoms has been . their workplaces or imported by (Item to determine if they are hazardous. replaced by an organic radical. "Oxidizer" means a chemical other Employers arc not required to evaluate chemicals unless they choose not to rely than a blasting agent or explosive as defined in { 1910.109(a). that initiates or on the evaluation performed by the chemical manufacturer or importer for promotes combustion in other materials, the chemical to satisfy (his requirement. thereby causing fire either of itself or (2) Chemical manufacturers, importers through the release of oxygen or other or employers evaluating chemicals shall gases. identify and consider the available "Physical hazard" means a chemical scientific evidence concerning such for which there is scientifically valid hazards. For health hazards, evidence evidence that it is a combustible liquid, which is statistically significant and a compressed gas. explosive, flammable, which is based on at least one positive an organic peroxide, an oxidizer, study conducted in accordance with pyrophoric, unstable (reactive) or water- established scientific principles is reactive. considered to be sufficient to establish a "Produce" means to manufacture, hazardous effect if the results of the process, formulate, or repackage. study meet the definitions of health "Pyrophoric" means a chemical that hazards in this section. Appendix A will ignite spontaneously in air at a shall be consulted for the scope of temperature of 130 'F (54.4 X) or below. health hazards covered, and Appendix U "Responsible party" means someone shall be consulted for the priteria to be who can provide additional information followed with respect toih'e on the hazardous chemical and completeness of the evaluation, and the appropriate emergency procedures, if data to be reported. . necessary- (3) The chemical manufacturer, "Specific chemical identity" means importer or employer evaluating the chemical name, Chemical Abstracts chemicals shall treat the follow ing Service (CAS) Registry Number, or any sources as establishing that the other information that reveals the chemicals listed in them are hazardous: precise chemical designation of the (i) 29 CFR Part 1910. Subpart Z. Toxic substance. and Hazardous Substances. `Trade secret" means any Occupational Safety and Health confidential formula, pattern, process, Administration (OSHA): or, device, information or compilation of (ii) Threshold Limit Values for information that is used in an Chemical Substances and Physical employer's business, and that gives the Agents in the Work Environment. employer an opportunity to obtain an American Conference ol Governmental advantage over competitors who do not Industrial Hygienists (ACCIH) (latest know or use it. Appendix D sets out the edition). BRB 0105 3JB80 Federal Register / Vol 52, No. 163 / Monday. AnguBt 24, 1987 / Rules and Regulation The chemical manufacturer. Importer, or employer is still responsible (or evaluating the hazards associated with the chemicals In these source lists in accordance with the requirements of this standard. (4) Chemical manufacturers, importers and employers evaluating chemicals shell treat the following sources as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes: (i) National Toxicology FVogram (NTP). Annual Report on Carcinogens (latest edition): (ii) International Agency for Research on Cancer (IARC) Monographs (latest editions): or (iii) 29 CFR Part 1910, Subpart Z. Toxic and Hazardous Substances. Occupational Safety and Health Administration. Nolo.--The Registry of Toxic Effects of Chemical Substances published by the National Institute for Occupational Safety and Health indicates whether a chemical has been found by NTP or IARC to be a potential carcinogen. (5) The chemical manufacturer, importer or employer shall determine the hazards of mixtures of chemicals as follows: (i) If a mixture has been tested as a whole to determine its hazards, the results of such testing shall be used to determine whether the mixture is hazardous: (ii) If a mixture has not been tested as a whole to determine whether the mixture is a health hazard, the mixture shall be assumed to present the same heulth.hazards as do the components which comprise one percent (by weight or volume) or greater of the mixture, except that the mixture shall be assumed to present a carcinogenic hazard if it contains a component in concentrations of 0.1 percent or greater which is considered to be a carcinogen under paragraph (d)(4) of this section: (iii) if a mixture has not been tested as a whole to determine whether the mixture is s physical hazard, the chemical manufacturer, importer, or employer may use whatever scientifically valid data is available to evaluate the physical hazard potential of the mixture; and. (iv) If the chemical manufacturer, importer, or employer has evidence to indicate that a component present in the mixture in concentrations of less than one percent (or in the case of carcinogens, less than 0.1 percent) could be released in concentrations which would exceed an established OSHA permissible exposure limit or ACGIH Threshold Limit Value, or could present a health hazard to employees in those concentrations, the mixture shall be assumed to present the same hazard. (6) Chemical manufacturers, importers, or employers evaluating chemicals shall describe in writing the procedures they use to determine the hazards of the chemical they evaluate. The written procedures are to be made available, upon request, to employees, their designated representatives, the Assistant Secretary and the Director. The written description may be incorporated into the written hazard communication program required under paragraph (e) of this section. (e) Written hazard communication program. (1) Employers shall develop, implement, and maintain at the workplace, a written hazard communication program for their workplaces which at least describes how the criteria specified in paragraphs (f), (g). and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met and which also includes the following: (1) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate material safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and. (ii) The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards associated with chemicals contained in unlabeled pipes in their work areas. (2) Multi-employer workplaces. Employers who produce, use, or store hazardous chemicals at a workplace in such a way that the employees of other employer(s) may be exposed (for example, employees of a construction contractor working on-site) shall additionally ensure that the hazard communication programs developed and implemented under this paragraph (e) include the following: (i) The methods the employer will use to provide the other employer(s) with a copy of the material safely data sheeL or to make it available at a central location in'the workplace, for each hazardous chemical the other emplover(s)' employees may be exposed to while working: (ii) The methods the employer will use to inform the other employees) of any precautionary measures that need to be taken to protect employees during the workplace's normal operating conditions and In foreseeable emergencies; and. (iii) The methods the employer will use to inform the other employer(s) of the labeling system used in the workplace. (3) The employer may rely on an existing hazard communication program to comply with these requirements, provided that it meets the criteria established in this paragraph (e). (4) The employer shall make the written hazard communication program available, upon request, to employees, their designated representatives, the Assistant Secretary and the Director, in accordance with the requirements of 29 CFR 1910.20(e). (f| Labels and otherforms of warning. (1) The chemical manufacturer, importer, or distributor shall ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked with the following information: (1) Identity of the hazardous cheraical(s); (ii) Appropriate hazard warnings: and (iii) Name and address of the chemical manufacturer, importer, or other responsible party. (2) For solid metal (such as a steel beam or a metal casting) that is not exempted as an article due to its downstream use. the required label may be transmitted to the customer at the time of the intial shipment, and need not be included with subsequent shipments to the same employer unless the information on the label changes. The label may be transmitted with the initial shipment itself, or with the material safety data sheet that is to be provided prior to or at the time of the First shipment. This exception to requiring labels on every container of hazardous chemicals Is only for the solid metal itself and does not apply to hazardous chemicals used in conjunction with, or known to be present with, the metal and to which employees handling the metal may be exposed (for exaipple. cutting fluids or lubricants). (3) Chemical manufacturers, importers, or distributors shall ensure that each container of hazardous chemicals leaving the workplace is labeled, lagged, or marked in accordance with this section in a manner which does not conflict with the requirements of the Hazardous Materials Transportation Act (49 U.S.C. 1601 et set7.) and regulations issued under that Act by the Department of Transportation. (4) If the hazardous chemical is regulated by OSHA in a substancespecific health standard, the chemical manufacturer. Importer, distributor or employer shall ensure that the labels or 76 BRB 0106 Federal Register / Vol. 52, No. 163 / Monday. August 24, 1987 / Rules and Regulations 31881 other forms of warning used are in accordance with the requirements of that standard. (S) Except as provided In paragraphs (f)(6) and (f)(7) the employer shall ensure that each container of hazardous chemicals In the workplace Is labeled, tagged or marked with the following information: (1) Identity of the hazardous chcmical(s) contained therein; and (ii) Appropriate hazard warnings. (6J The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials In lieu of affixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by paragraph (f)(5) of this section to be on a label. The written materials shall be readily accessible to the employees in their work area throughout each work shift. (7) The employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer. (8) The employer shall not remove or deface existing labels on Incoming containers of hazardous chemicals, unless the container is immediately marked with the required information. (9) The employer shall ensure that labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information Is presented in English as welt. (to) The chemical manufacturer, importer, distributor or emptoycr need not affix new labels to comply with this section if existing labels already convey the required information. (g) Material safety data sheets. (1) Chemical manufacturers and importers shall obtain or. develop a material safety data sheet for each hazardous chemical they produce or import Employers shall have a material safety data sheet for each hazardous chemical which they use. (2) Each material safety data sheet shall be in English and shall contain at least the following information: (i) The identity used on the label, and. except as provided for ir|paragraph (i) of this section on trade secrets: (A) If the hazardous chemical is a single substance, its chemical and common name(s): (B) If the hazardous chemical is a mixture which has been tested as a whole to determine its hazards, the chemical and common name(s) of the ingredients which contribute to these known hazards, and the common name(s) of the mixture itself; or. (C) tf the hazardous chemical is a mixture which has not been tested as a whole: (7) The chemical and common namc(s) of all ingredients which have been determined to be health hazards, and which comprise 1% or greater of the composition, except that chemicals identified as carcinogens under paragraph (d)(4) of this section shall be listed if the concentrations are 0.1% or greater and. (?) The chemical and common name(s) of all Ingredients which have been determined to be health hazards, and which comprise less than 1% (0.1% for carcinogens) of the mixture, if there is evidence that the ingredient(s) could be released from the mixture in concentrations which would exceed an estoblished OSHA permissible exposure limit or ACC1H Threshold Limit Value, or could present a health hazard to employees: and. (j) The chemical and common name(s) of all ingredients which have been determined to present a physical hazard when present in the mixture; (ii) Physical and chemical characteristics of the hazardous chemical (such as vapor pressure, flash point); (iii) The physical hazards of the hazardous chemical, including the potential for Tire, explosion, and reactivity; (iv) The health hazards of the hazardous chemical, including signs and symptoms of exposure, and any medical conditions which are generally recognized as being aggravated by exposure to the chemical; (v) The primary routc(s) of entry; (vi) The OSHA permissible exposure limit ACG1H Threshold Limit Value, and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the material safety data sheet where available; (vii) Whether the hazardous chemical is listed in the National Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest editions), or by OSHA; (viii) Any generally applicable precautions for safe handling and use which are known to the chemical manufacturer, Importer or employer preparing the material safely dflta sheet, including appropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment, and procedures for clean-up of spills and leaks: (ix) Any generally applicable control measures which are known to the chemical manufacturer, importer or employer preparing the material safety data sheet, such as appropriate engineering controls, work practices, or personal protective equipment; (x) Emergency and first aid procedures; (xi) The date of preparation of the. material snfety data sheet or the Inst change to it; and. (xii) The name, address and telephone number of the chemical manufacturer. Importer, employer or other responsible party preparing or distributing the material safely data sheet, who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary. (3) If not relevant information is found for any given category on the material safety data sheet, the chemical manufacturer, importer or employer preparing the material safety data sheet shall mark it to indicate that no applicable information was found. (4) Where complex mixtures have similar hazards and contents (i.e. the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture), the chemical manufacturer, importer or employer may prepare one material safety data sheet to apply to all of these similar mixtures. (0) The chemical manufacturer, importer or employer preparing the material safety data sheet shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination 1; the chemical manufacturer, importer or employer preparing the.material suleiy data sheet becomes ne&ly aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information shall be added to the material safety data sheet within three months. If the chemical is not currently being produced or imported the chemical manufacturer or importer shall add the information to the material safety data sheet before the chemical is introduced Into the workplace again. (6)Chemical manufacturers or importers shall ensure that distributors and employers are provided an appropriate material safety data sheet with their intitial shipment, and with the first shipment after a material safety 77 31082 Federal Register / Vol. 52. No. 163 / Monday. August 24, 1987 / Rules and Regulations data sheet is updated. The chemical manufacturer or importer ihali either provide material safety data sheets with the shipped containers or send them to the employer prior to or at the time of the shipment. If the material safety data sheet Is not provided with a shipment that has been labeled as a hazardous chemical, the employer shall obtain one from the chemical manufacturer, importer, or distributor as soon as possible. (7) Distributors shall ensure that material safety data sheets, and updated information, are provided to other distributors and employers. Retail distributors which sell hazardous chemicals to commercial customers shall provide a material safety data sheet to such employers upon request, and shall post a sign or otherwise inform them that a material safety data sheet is available. Chemical manufacturers, importers, and distributors need not provide material safety data sheets to retail distributors which have informed them that the retail distributor does not sell the product to commercial customers or open the sealed container tu use it in their own workplaces. (8) The employer shall maintain copies of the required material safety data sheets for each hazardous chemical in the workplace, and shall ensure that they arc readily accessible during each work shift to employees when they are in their work area(s). (9) Where employees must travel between workplaces during a workshift, /.e., their work is carried out at more than one geographical location, the material safety data sheets may be kept at a central location at the primary workplace facility. In this situation, the employer shall ensure that employees can immediately obtain the required information in an emergency. (10) Material safety data sheets may be kept in any form, including operating procedures, and may be designed to cover groups of hazardous chemicals in a work area where It may be mnre appropriate to address the hazards of a process rather than individual hazardous chemicals. However, the employer shall ensure that in ail cases the required information is provided for each hazardous chemical, and is readily accessible during each work shift to employees when they are in in their work areas(s). (11) Material safety data sheets shall also be made readily available, upon request, to designatedrepresentatives and to the Assistant Secretary, in accordance with the requirements of 29 CFR 1910.20 (e). The Pirectoi shall also be given access to material safety data sheets In the same manner. (h) Employee information and representatives in accordance wiih the training. Employers shall provide applicable provisions of this paragraph. employees with information and training (2) Where a treating physician or on hazardous chemicals in their work nurse determines that a medical area at the time of their initial emergency exists and the specific assignment, and whenever a new hazard chemical identity of a hazardous is introduced into their work area. chemical is necessary for emergency or (1) Information. Employees shall be first-aid treatment, the chemical informed of: manufacturer. Importer, or employer (i) The requirements of this section: shall immediately disclose the specific (ii) Any operations in their work area chemical identity of a trade secret where hazardous chemicals are present; chemical to that treating physician or and. nurse, regardless of the existence of a (iii) The location and availability of written statement of need of a the written hazard communication confidentiality agreement. The chemical program, including the required list(s) of manufacturer, importer, or employer hazardous chemicals, and material may require a written statement of need safety data sheets required by this and confidentiality agreement, in section. accordance with the provisions of (2) Training. Employee training shall paragraphs (i)(3) and (4) of this section, include at least: as soon as circumstances permit. (i) Methods and observations that (3) In non-emergency situations, a may be used to detect the presence or chemical manufacturer, importer, or release of a hazardous chemical in the employer shall, upon request, disclose a work area (such as monitoring specific chemical identity, otherwise conducted by the employer, continuous permitted to be withheld under monitoring devices, visual appearance paragraph (i)(l) of this section, to a or odor of hazardous chemicals when health professional (i.e. physician. being released, etc.); Industrial hygienist, toxicologist, (ii) The physical and health hazards of epidemiologist, or occupational health the chemicals in the work area; nurse) providing medical or other (iii) The measures employees can take occupational health services to exposed to protect themselves from these employee(s). and to employees or hazards. Including specific procedures designated representatives, if: the employer has implemented to (i) The request is in writing: protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used; and. (iv) The details of the hazard communication program developed by the employer, including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use the appropriate hazard information. (i) Trade secrets. (1) The chemical manufacturer, importer, or employer may withhold the specific chemical identity, including the chemical name and other specific identification of a hazardous chemical, from the material safety data sheet, provided that: (i) The claim that the information withheld is s trade secret can be supported; (ii) Information contained in the material safety data sheet concerning (ii) The request describes with reasonable detail one or more of the following occupational health needs for the information: (A) To assess the hazards of the chemicals to which employees will be .. exposed; (B) To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels; (C) To conduct pre-assignment or periodic medical surveillance of exposed employees; (D) To provide medical treatment to exposed employees;' (E) To select or assess appropriate personal protective equipment for exposed employees; (F) To design or assess engineering controls or other protective measures for exposed employees: and, (G) To conduct studies to determine the health effects of exposure. the properties and effects of the (iii) The request explains in detail hazardous chemical is disclosed; why the disclosure of the specific (iii) The material safety data sheet chemical Identity is essential and that, indicates that the specific chemical in lieu thereof, the disclosure of the identity is being withheld as a trade following information to the health secret; and, professional, employee, or designated (iv) The specific chemical identity is representative, would not satisfy the made available to health professionals, purposes described in paragraph (i)(3](ii) employees, and designated of this section: 78 BRB 0108 Federal Register / Vol. 52. No. 163 / Monday, 'August 24. 1987 / Rules and Regulations 31833 (A) The properties and effects of the chemical; (B) Measures for controlling workers' exposure to the chemical: (C) Methods of monitoring and analyzing worker exposure to the chemical: and. (0) Methods of diagnosing and treating harmful exposures to the chemical: (is) The request includes a description of the procedures to be U9ed to maintain the confidentiality of the disclosed information: and. (v) The health professional, and the employer or contractor of the services of the health professional (i.e. downstream employer, labor organization, or individual employee), employee, or designated representative, agree in a written confidentiality agreement that the health professional, employee, or designated representative, will not use the trade secret information for any purpose other than the health need(s) asserted and agree not to release the information under any circumstances other than to OSHA. as provided in paragraph (i)(6) of this section, except as authorized by the terms of the agreement or by the chemical manufacturer, importer, or employer. (4) The confidentiality agreement authorized by paragraph (ij(3)(lv) of this section: (1) May restrict the use of the information to the health purposes indicated in the written statement of need: (ii) May proride for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages: and, . (iii) May not Include requirementa for the posting of a penalty bond. (5) Nothing in this standard is meant to preclude the partiea from pursuing noii-conlractual remedies to the extent permitted by law. (G) If the health professional, employee, or designated representative receiving the trade secret Information decides that there Is a need to disclose It to OSHA. the'chemical manufacturer, importer, or employer who provided the information shall be informed by the health professional, employee, or designated representative prior to, or at the same time as. such disclosure. (7) If the chemical manufacturer, importer, or employer denies a written request for disclosure of a specific chemical Identity, the denial must: (i) Be provided to the health professional employee, or designated representative, within thirty days of the request: (ii) Be In writing: (iii) Include evidence to support the contested by the chemical manufacturer, claim that the specific chemical Identity importer, or employer, the mailer wiM he is a trade secret: adjudicated before the Occupational (iv) State the specific reasons why the Safely and Health Review Commission request is being denied: and. in accordance with the Act's (v) Explain in detail how alternative enforcement scheme and (he applicable information may satisfy the specific Commiasion rules of procedure. In medical or occupational health need accordance with the Commission rules, without revealing the specific chemical when a chemical manufacturer, identity. importer, or employer continues to (8) The health professional, employee, or designated representative whose request for information is denied under pnragraph (i)(3) of this section may refer the request and the written dental of the request to OSHA for consideration. (y) When a health professional, employee, or designated representative refers the denial to OSHA under paragraph (i)(8) of this section. OSILA shall consider the evidence to determine if: (i) The chemical manufacturer, importer, or employer has supported the claim thBt the specific chemical identity is o trade secret: (ii) The health professional, employee, or designated representative has supported the claim that there is a medical or occupational health need for the information: and (iii) The health professional, withhold the information during the conlest. the Administrative Lav; Judge may review the citalion and supporting documentation in camera or issue appropriate orders to protect the confidentiality o: such matters. (12] Notwithstanding the existence of a trade secret claim, a chemical manufacturer, importer, or employer shall, upon request, disclose to the Assistant Secretary any information which this section requires the chemical manufacturer, importer, or employer to make available. Where there is a trade secret claim, such claim shall be made no later than at the time the information is provided to the Assistant Secretary so that suitable determinations of trade secret status can be made and the necessary protections can be implemented. employee, or designated representative has demonstrated adequate means to (13) Nothing in this paragraph shall be construed as requiring the disclosure protect the confidentiality. (10) (i) If OSHA determines that the under any circumstances of process or percentage of fixture information which specific chemical identity requested - is a trade secret. under paragraph (i)(3) of this section is (j) Effective dates. (1) Chemical not a bona fide trade secret, or that it is manufacturers, importers, and a trade secret, but the requesting health distributors shall ensure that material professional, employee, or designated safety data sheets are provided with the representative has a legitimate medical or occupational health need for the next shipment of hazardous chemicals to employers after September 23.19C7. information, has executed a written confidentiality agreement, and has shown adequate means to protect the confidentiality of the information, the chemical manufacturer, importer, or emplcner will be subject to citation by OSHA. (11) If a chemical manufacturer, importer, or employer demonstrates to (2) Employers in the nonmanufacturing sector shull be in compliance with all provisions of this section by May 23,1988. (Note: Employers in the manufacturing sector (SIC Codes 20 through 39) are already required to be in compliance with this section.) OSHA that the execution of a confidentiality agreement would not Appendix A to I--------- Health Hazard Definitions [Mandatory] provide sufficient protection against the Although safety hazards related to the potential harm from the unauthorized physical characteristics ef a chemical can he disclosure of a trade secret specific objectively defined in terms ot testing chemical identity, the Assistant Secretary may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the occupational health services are provided without an undue risk of harm to the chemical manufacturer, importer, or employer. (11) If a citation Tor a failure to release requirements (e g. flammability |. health hazard definitions ire less precise snd more subjective, lleelth hazards may cause measurable changes in the body--such as decreased pulmonary function. These changes are generally indicated by the occurrence of signs and symptoms in the exposed employees--such as shortness of breath, a non-measurable. subjective feeling. Employees exposed to such hazards musi be apprised of both the change in body function and the signs end symptoms that may occur specific chemical Identity information is to signal that change. 79 BRB 0109 3H&4 Federal Register / Vol. 52, No. 103 / Monday. August 24. 1937 / Rules and Regulations The determination of occupational health hazards l complicated by the fact that many of the effect! or signs end eymplomt occur commonly in non-occupationally exposed papulationi. io that effect! of exposure are difficult to leparate fr >m normally occurring lllneriei. Occaiionally. a lubitance ciuiea an effect that ii rarely aeen in the population at large, luch ai iryiosircomai caused by vinyl chloride exposure, thus making it easier to ascertain that the occupational exposure was the primary causative factor. More often, however. Ilie effects are common, such as hing cancer. The situation Is further complicated by the fact that most chemicals have not been adequately tested to determine their health hazard potential, and data do not exist to substantiate -these effects. There have been many attempts to categorize effects and to define them in various ways. Generally, the terms "acute" and "chronic" are used to delineate between effects on the basis of severity or duration. "Acute" effects usually occur rapidly as a result of short-term exposures, and are of short duration. "Chronic" effects generally occur os a result of long-term exposure, and are of long duration. The acute effects referred to most frequently are those defined by the American National Standards Institute (ANSI) standard far Piecautionary Labeling of Hazardous Industrial Chemicals (Z129.1-1982)-- irritation, corrosivity, sensitization and lethal dose. Although these are Important health effects, they do not adequately cover the considerable range of acute effects which may occur as a result of occupational exposure, such as. for example, narcosis. Similarly, the term chronic effect is often used to cover only carcinogenicity, teratogenicity, and mutagenicity. These effects are obviously a concern in the workplace, but again, do not adequately cover the area of chronic effects, excluding, for example, blood dyscrasias (such aa enemia). chronic bronchitis and liver atrophy. The goal of defining precisely, in measurable terms, every possible health effect that may occur in the workplace aa a result of chemical exposures cannot realistically be accomplished. This does not negate the need for employees to be informed of such effects and protected from them. Appendix B. which is also mandatory, outlines the principles end procedures of hazardous assessment. Tor rurooves of this section, eny chemicals which meet any of the following definitions, as determined by the criteria aet forth in Appendix B are health hazards: 1. Carcinogen: A chemical it considered to be a carcinogen if: (a) It has been evaluated by the International Agency for Research on Cancer (IARC). end found to be a carcinogen or potential carcinogen: or (b| It is listed as a carcinogen or potential carcinogen in the Annual Report on Carcinogens published by the National Toxicology Program (NTP) (fates) edition): or, (c) It it regulated by OSHA ea a carcinogen. 2. Corrosive: A chemical that causes visible destruction of, or irreversible alterations in. living tissue by chemical action at the site of contact. For example, a chemical is considered to be corrosive If, when tested on the intact skin of albino rabbit! by the method described by the U.S. Department ot Transportation in Appendix A to 49 CFR Part 173, It destroys or changes Irreversibly the Structure of the tissue st the site of contact following an exposure period of four hours. This term shall not refer to action on Inanimate surfaces. 3. Highly toxic: A chemical falling within any of the following categories: (} A chemical that has a median lethal dose (LDm) of 50 milligram! or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grama each. (b) A chemical that has a median lethal does (LDm) of 200 milligrams dr leas per kilogram of body might when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two end three kilograms each. (c) A chemical lhat haa a median lethal concentration (LGo) In air of 200 parts per million by volume or less of gas or vapor, or 2 milligrams per lites'or leas of mist. fume, or dust, when administered by continuous Inhalation for one hour (or less If death occurs within one hour) to albino rala weighing between 200 and 300 grains each. 4. Irritant: A chemical, which is not corrosive, but which causes a reversible inflammatory effect on living tissue by chemical action el the site of contact. A chemical Is a skin irritant if. when tested on the Intact skin of albino rabbits by the methods of 16 CFR 1500.41 for four hours exposure or by other appropriate techniques. It results In an empirical score of five or more. A chemical ia an eye irritant If ao determined under the procedure listed in IS CFR 1500.42 or other appropriate techniques. 5. Sensitizer. A chemical that causea a substantial proporlion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical. 6. Toxic. A chemical falling within any of the following categories: (a) A chemical that has e median lethal dose (LDm) of more then SO milligrams per kilogram but not more than 500 milligrams per kilogram of body weight when administered orally to albino rets weighing between 200 end 300 grams each. (b) A chemical (hat has a median lethal dose (LDm) of more than 200 milligrams per kilogram bul not moreThan 1.000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or less If death occurs within 24 hours) v/iih the bare skin of albino rabbits weighing between two and three kilograms each. (c) A chemical that has a median lethal concentration (LCso) in air of more then 200 parts per million but not more than 2.000 purls per million by volume of gas or vapor, or more than two milligrams per liter bul not more than 20 milligrams per liter of mist. fume, or dust, when administered by continuous inhalation for one hour (or less if death occura within one hour) to albino ruts weighing between 200 and 300 grams each. 7. Target organ effects. The following is a target organ categorization of effects which may occur. Including examples of signs and symptoms and chemicals which hare been found lo cause such efIV.cts. These examples are presented to illustrate the range end diversity of effects end hazards found in the workplace, end the broad scope employers must consider in this area, but are not Intended to be all-inclusive, e. Hepatotoxins: Chemicals which produce liver damage Signs & Symptoms: |aundice: liver enlargement Chemicals: Carbon tetrachloride: nitrosamincs b. Nephrotoxins: Chemicals which produce kidney damage Signa A Symptoms: Edema: proteinuria Chemicals: Halogenated hydrocarbons: uranium c. Ncurotoxins: Chemicals which produce their primary toxic effects on the nervous system Signs A Symptoms: Narcosis: behavioral changes: decrease in motor functions Chemicals: Mercury; carbon disulfide d. Agents which act on the blood or hematopoietic system: Decrease hemoglobin function: deprive the body tissues of oxygen Signs A Symptoms: Cyanosis: loss of consciousness Chemicals: Carbon monoxide: cyanides e. Agents which damage the lung: Chemicals which Irritate or damage the pulmonary tissue Signs A Symptoms: Cough; tightness in chest: shortness of breath Chemicals: Silica: asbestos f. Reproductive toxins: Chemicals which affect the reproductive capabilities including chromosomal damage (mutations) end effects on fetuses (teratogenesis) Signs A Symptoms: Birth defects: sterility Chemicals: Lead: DBCP g. Cutaneous hazards: Chemicals which affect the dermal layer of the body Signs A Symptoms: Defatting of the skin: rashes: irTitution Chemicals: Ketones: chlorinated compounds h. Eye hazards: Chemicals which affect the eye or visual capacity Signs A Symptoms: Conjunctivitis: corm-iil damage Chemicals: Organic solvents: acids Appendix B lo --------- , Hazard Determination (Mandatory) The quality of a hazard communication program Is largely dependent upon the di*quacy end accuracy of the hazard determination. The hazard determination requirement of this standard is performanceoriented. Chemical manufacturers, importers, end employers evaluating chemicals are not required to follow any specific methods for 80 BRB 0110 Federal Register / Vol. 52. No. 163 / Monday. August 24. 19B7 / Rules and Regulations 31885 determining hazards. but they must be able to demonstrate that they have adequately ascertained the hazards of the chemicals produced or imported in accordance with the criteria set forth in this Appendix. Hazard evaluation ia a process which relies heavily on the professional |udgment of the evaluator, particularly in the area of chronic hazards. The performance-orientetion of the hazard determination does not diminish the duty of the chemical manufacturer, importer or employer to conduct thorough evaluation, examining all relevant data and producing a scientifically defensible evaluation. For purposes of this standard, the following criteria shall be used in making hazard determinations that meet the requirements of this standard. 1. Carcinogenicity. As described in paragraph (d)(4) and Appendix A of this section, a determination by the National Toxicology Program, the International Agency for Research on Cancer, or OSHA that a chemical is a carcinogen or potential carcinogen will be considered conclusive evidence for purposes of this section. 2. Human data: Where available, epidemiological studies and case reports of adverse health effects shall be considered In the evaluation. 3. Animal data: Human evidence of health effects in exposed populations is generally not available for the majority of chemicals produced or used in the workplace. Therefore, the available results of toxicological testing In animal populations shall be used to predict the health effects that may be experienced by exposed workers. In articular, the definitions of certain acute azards refer to specific animal testing results (see Appendix A). 4. Adequacy and reporting ofdata. The results of any studies which are designed and conducted according to established scientific principles, and which report statistically significant conclusions regarding the health efiects of a chemical, shall be a sufficient basis for a hazard determination and reported on any material safety data sheet. The chemical manufacturer, importer, or employer may also report the results of other scientifically valid studies which tend to refute the findings of hazard. Appendix C to I-- Information Sources (Advisory) The following is a list of available data sources which the chemical manufacturer, importer, distributor, or employer may wish to consult to evaluate the hazards of chemicals they produce or import: --Any information in their own company files, such as toxicity testing results or illness experience of company employees. --Any Information obtained from the supplier of the chemical, such as material safety data sheets or product safety bulletins. --Any pertinent information obtained from the following source list (latest editions should be used): Condensed Chemical Dictionaiy Van Nostrand Reinhold Q>.. 135 West 50th Street. New York. NY 10020. The Merck Index: An Encyclopedia af Chemicals and Drugs Meick and Companv. Inc.. 125 E. Lincoln Alt. Rahway. N) 07065. IARC Monographs on the Evaluation of the Carcinogenic Risk of Chcmicols to Mon Geneva: World Health Organization. International Agency for Research on Cancer. 1972-Present. (Multivolume work). Summaries are available in supplement volumes. 49 Sheridan Street. Albany, NY 12210. Industrial Hygiene and Toxicology, by F.A. Patty John Wiley i Sons. Inc.. New York, NY (Multivolume work). Clinical Toxicology of Commercial Products Cieason. Gosselin. and Hodge Casarett and Doull's Toxicology: The Basic Science of Poisons Doull. Klaassen. and Amdur. Macmillan Publishing Co.. Inc., New York. NY. Industrial Toxicology, by Alice Hamilton and Harriet L Hardy Publishing Sciences Group. Inc., Acton. MA. Toxicology of the Eye. by W. Morton Grant Charles C. Thomas. 301-327 East Lawrence Avenue. Springfield. IL. Recognition ofHealth Hazards in Industry William A. Burgess. John Wiley and Sons. 605 Third Avenue. New York. NY 10155. Chemical Hazards of the Workplace Nick H. Proctor and |smes P. Hughes. J.P. Lipincott Company. 6 Winchester Terrace. New York. NY 10022. Handbook of Chemistry andPhysics Chemical Rubber Company, 15901 Cranwood Parkway. Cleveland. OH 44125. Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment and Biological Exposure Indices with Intended Changes American Conference of Governmental Industrial Hygienista (ACGIH). 6500 Clenway Avenue. Bldg. D-5. Cincinnati. OH 45211. Information on the physical hazards of chemicals may be found in publications of the National Fire Protection Association. Boston. MA. Note.--The following documents may be purchased from the Superintendent of Documents. U.S. Government Printing Office. Washington. DC 20402. Occupational Health Guidelines NIOSH/OSHA (NIOSH Pub. No. 81-123) KIOSH Pocket Guide to Chemical Hazards NIOSH Pub. No. 85-114 Registry of Toxic Effects of Chemical Substances NIOSH Pub. No. 80-102 Miscellaneous Documents published by the National Institute for Occupational Safety, and Health: Criteria documents. Special Hazard Reviews. Occupational Hazard Assessments. Current Intelligence Bulletins. OSHA s Genera! Industry Standards 129 CFR Part 19101 KTP Annual Report on Carcinogens and Summarj of the Annual Report on Carcinogens. National Technical Information Service (NTISI. 5285 Port Royal Road. Springfield. VA 22161: (703) 487-4050. Bibliographic Data Bases S*v* proito#r Fite name Bttiopaphic Retnevel S#rv< Boaia Previews c*t <BRS). 1200 Route 7. CA Search Uthem.NV 12110. Medan NTIS Haaardfme Amrcan Chemcaf Scotty Journal Excemtt Medea IftCS Medical Science Jour nal Pre-Med intf Pharmaceutical Aoiiraeu Paper Cnem Lockheed---DIALOG tnlorma- Been Prev Fwee ton Service. Inc. 3460 CA Search F4* HNvwe Avenue. PlQ Aro, CAS Atftraett CA H4 Chemical Erpoeurt Chemnama Chema-a Feet Chentero EmOtse Feat Enwonmentai &tbogr0**t Emmokne Federal Reteareti *> Progtata IRl U<e Scene* Correction NtlS Occupational Safety and Health (NO$H| Paoer Cnem SDC--Ortvt SOC Information CAS Feat Serve#. 2500 Colo'too Cnemde*. 2. 3 Avenue. Sente Monica. CA NNS 004os Nitonai library ot Mefrcme. Muardom Suwancet Data Department of Health and Bank (HSDflJ Human Senncea. Pubfce Medhne Mai Health Serve#. National Torine Feel frottuta* ot Haafth. Be- Cancel* veto*. MD 20tot. ATECS Chemkne Pergamon Mamatentt fnfor* Laboratory Hazard Button maton Corp., 1)40 0*d Chain 8toga Ad.. McLain. VA 22101. OuetieL Inc., 1025 Eye OS/tlO SiiMt. nw.. Sure aia. Qtncemet Wsihatgroa DC 20006. Ctomeal Intormaton $r*tam Structure and Nomenclature tO pGS). Buraau o* Ha* Search Srfiem (SANSSt tonal Attart. 1153 15th Acute Toncity (ATECSf Street. NW.. Suite XO. Omieat Toxotogy o Com Wathmgtan. DC 20005 merciti Products 04 and Kajtardoua Material* Technica* Aamiance Data System OCRIS CSSAAS Occupational Health Surv- MSDS cat. 400 Piaza Dme. Se* Haaardhne caucus. NJ 07054 Appendix D to )______Definition of "Trade Secrel" (Mandatory) The following is s reprint of the Restatement of Torts section 757, comment 6 (1939): b. Definition of trade secret. A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern fur a machine or other devict. or a list of customers. It differs from other secret information in a business (see | 759 of the Restatement of Torts which is not included in this Appendix) in that It Is not simply information as to single or ephemeral events in the conduct of the business, as. for example, the amount or 81 BRB 0111 % 31BC6 Federal Register / Vol. 52, No. 163 / Monday, August 24, 1907 / Rules and Regulations other terme of tecret bid for contract or the diary of certain employee*, or the aecurity inveitments made or contemplated, or the date fixed for the announcement of a new policy or for bringing out a new model or the like. A trade tecret la a proceti or device for continuoua ute in the operation! of the butinest. Generally It relates to the production of goods, at. for example, a machine or formula for the production of an article. It may. however, relate to the sale of goods or to other operations in the business, such as a code for determining discounts, rebates or other concessions in a price list or catalogue, or a list of specialized customers, or a method of bookkeeping or other office management. Secrecy. The subject matter of a trade tecret must be secret. Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one ae his secret. Matters which are completely disclosed by the goods which one markets cannot be hit tecret. Substantially, a trade tecret it known only In the particular business in which it it used. It it not requisite that only the proprietor of the business know it. He may. without losing hit protection, communicate it to employees Involved in its use. He may likewise communicate it to others pledged to secrecy. Other* may alto know of it independently, at. for example, when they have discovered the process or formula by independent invention and are keeping it tecret. Nevertheless, a substantial element of secrecy must exist, so that, except by the ute of improper meant, there would be difficulty in acquiring the information. An exact definition of a trade tecret it not possible. Some factors to be considered in determining whether given information la one's trade secret are: (1| The extent to which the information it known outside of hit business: (2) the extent to which It is known by employees and others involved in hit business; (3) the extent of measures taken by him to guard the secrecy of the Information; (4) the value of the information to him and hit competitors; (5) the amount of effort or money expended by him in developing the information: (6) the ease or difficulty with which the Information could be properly acquired or duplicated by others. Novelty andprior art A trade secret may be a device or process which it patentable: but it need not be that. It may be a device or process which is clearly anticipated in the prior art or one which it merely a mechanical improvement that a good mechanic can make. Novelty and invention are not requisite for a trade secret as they are for patentability. These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers It properly through independent research. The patent monopoly is a reward to the inventor. But such is not the case with a trade secret Its protection it not based on a policy of rewarding or otherwise encouraging the development of secret processes or devices. The protection it merely against breach of faith and reprehensible meant of learning another's tecret. For this limited protection it it not appropriate to require alto the kind of novelty and invention which it a requisite of atentability. The nature of the secret it. owever, an important factor in determining the kind of relief that Is appropriate against one who it subject to liability under the rule stated in this section. Thus, if the tecret consists of a device or process which it a novel invention, one who acquires the secret wrongfully Is ordinarily enjoined from further ute of It and is required to account for the profits derived from hit past ute. If. on the other hand, the tecret consists of meahanical improvements that a good mechanic can make without resort to the tecret. the wrongdoer's liability may be limited to damages, and an injunction against future use of the improvements made with the aid of the secret may be inappropriate. 8. Section 1915.B7 would be revised lo read as follows: f 1915.97 Health and sanitation. The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking, except where indicated otherwise. (a) The employer shall provide all necessary controls, and the employees shall be protected by suitable personal protective equipment against the hazards identified under } 1915.99 of this part and those hazards for which specific precautions are required in Subparts B, C, and D of this part. (b) The employer shall provide adequate washing facilities for employees engaged in the application of paints or coatings or in other operations where conlaminants can. by ingestion or absorption, be detrimental to the health of the employees. The employer shall encourage good personal hygiene practices by informing the employees of the need for removing surface contaminants by thorough washing or hands and face prior to eating or smoking. (c) The employer shall not permit employees to eat or smoke in areas undergoing surface preparation or preservation or where shipbreaking operations produce atmospheric contaminants. (d) The employer shall not permit employees engaged in ship repair work on a vessel to work in the immediate vicinity of uncovered garbage and shall ensure that employees working beneath or on the outboard side of a vessel are not subject to contamination by drainage or waste from overboard discharges. (e) No minor under 18 years of age shall be employed in shipbreaking or related employments. 9. Section 1928.21 would be amended by adding paragraph (a)(5) as follows: $ 1929.21 Applicable standard* In 29 CFR Part 1910. la)* * * (5) Hazard communication-- S 1910.1200.* |FF Doc. 87-19137 Filed 8-19-87:8:4S am) aitXIKO coot 4S1S-M-H I 82 BRB 0112 Glossary Absorption - The process by which a substance can be readily taken into the body. for example, some chemicals can be absorbed through unbroken skin. Arid - A fundamental category of chemicals characteriied by having available rcacrive hydrogen and requiring an alkali to neutralize them. Acids turn litmus paper red and have pH values of 0 to 6. They may cause severe bums. Acute Effect - Adverse effect which has severe symptoms developing rapidly and coming quickly to a crisis. Compare "Chronic Effect". Acute-Toxicity - Acute effects resulting from a single dose of or exposure to a substance. Ordinarily used to denote effects in experimental animals. ACCIH - American Conference of Governmental Industrial Hygienists is an organization of professional personnel in governmental agencies or educational institutions who are employed in occupational safety and health programs. Adenocarcfnoma - A tumor originating in a gland. Adenosis - Any disease of a gland. Adhesion - A union of two surfaces that are normally separate. Aerosol A fine spray of particles sufficiently small in size to resist settling or sedimentation (for example: smoke or fog). Air Line Respirator - A respirator that is connected to a compressed breathing air source by a hose. The air is delivered continuously or intermittently in a sufficient volume to meet the wearer's bteathing requirements. Air Pnrffybig Respirator A respirator that uses chemicals to remove specific gases and vapors from the air or that uses a mechanical filter to remove particulate matter. An air purifying respirator must only be used when there is sufficient oxygen to sustain life and the air contaminant level is below the concentration limits of the device. AlkaH A substance capable of combining with hydrogen ions. They are also called bases, and may cause severe bums to the skin. Alkalis turn litmus paper blue and have pH values from 8 to 14. Allergic Reaction - An abnormal physiological response to a chemical or physical stimuli by a sensitive person. Alopecia - Loss of hair. Amenorrhea - Absence of menstruation. Analgesia - Loss of sensitivity to pain. Anaphylaxis - Extreme sensitivity resulting from prior contact with a chemical or protein. Anemia - A deficiency of ted blood cells. Anesthetic - A chemical that causes a total or partial loss of sensation. Over exposure to anesthetics can cause impaired judgment, dizziness, drowsiness, headache, unconsciousness, and even death. Examples include: alcohol, paint remover, and degreaiers. Anhydride - An oxide or compound which when combined with water produces sn acid or base. Anhydrous - Does not contain water. Anosmia Loss of the sense of smell. Anorexia - Loss of appetite. Anoxia - A lack of oxygen from inhaled air - literally without oxygen. See Hypoxia. t ANSI - American National Standards Institute is a privately funded, voluntary membership organization that identifies industrial and public needs for nationil consensus standards and coordinates development of such standards. Antidote A remedy to relieve, prevent, or counteract the effects of a poison. Appearance - A description of a substance at normal room temperature and normal atmospheric conditions. Appearance includes the color, size, and consistency of a material. API - American Petroleum Institute is a voluntary membership organization of (he petroleum industry. Aquatic Toxicity - The adverse effects to marine life that result from being exposed to a toxic substance. Aqueous - A water-based solution. Argyria - Local or generalized impregnation (gray-blue color) of the body tissues with silver. Aromatic - Fragrant or of marked odor. Often applied to a group of hydrocarbons and their derivatives, such as benzene, toluene, xylene. Asphyxia - Unconsciousness due to interference with the oxygen of the Wood. Asphyxiant - A vapor or gas that can cause unconsciousness or death by suffocation (lack of oxygen). Most simple asphyxiants are harmful to the body only when they become so concentrated that they reduce oxygen in the air (normally about 21 percent) to dangerous levels (18 percent or lower). Asphyx iation is one of the principal potential hazards of working in confined and enclosed spaces. Asphyxiation - A condition that causes asphyxia, suffocation. See also Asphyxiant. ASTM - American Society for Testing and Materials is the world's largest source of voluntary consensus standards for materials, products, systems, and services. ASTM is a resource for sampling and testing methods, health and safety aspects of materials, safe performance guidelines, effects of physical and biological agents and chemicals. Asthma - A disease characterized by recurring attacks of difficult breathing, wheezing, and cough due to spasmodic contraction of the bronchioles. Asymptomatic - Showing no symptoms. Aloxia - Loss of power of muscle coordination. Atm - Atmosphere, "a unit of pressure equal to 760 mniHg (mercury I at sea level. Atmosphere Supplying Respirator - A respirator that providts breathing air from a source other than the surrounding atmosphere. There are two types: air line and self-contained breathing apparatus. Atrophy - A wasting or diminution in the size of a part of the body. Auto-IgnKion Temperature - The temperature to which a closed, or nearly closed container must be heated in order that the flammable liquid, when introduced into (he container, will ignite spontaneously or bum. BAL - British Anti-Lewisite - A name for the drug dimecaprol - a treatment for toxic inhalations. Barrier Cream - A cream for use on human skin to protect against injury from contact with specific types of harmful agents. Base - See Alkali. BCM - Blood-dotting mechanism effects. Benign - Not recurrent or not tending to progress. Biodegradable - Capable of being broken down into innocuous products by the action of living things. Biohazard This a combination of the words biological and hazard: and is used to describe infectious agents presenting risk or potential risk to the w ell-being of man or animals either directly through infection, or indirectly through disruption of the environment. 83 BRB 0113 Biologic Half-Life - The time required for a given species, organ, or tissue to eliminate half of a substance which it takes in. Biopsy - Removal and examination of tissue from the living body. BLD - Blood effects. Boiling Point The temperature at which a liquid changes to vapor state at a liven pressure. The boiling point is usually expressed in degrees Fahrenheit at sea level pressure (760 mmHg, or one atmosphere). For mixtures, the initial boiling point or the boiling range may be given. Flammable materials with low boiling points generally present special fire hazards. Some approximate boiling points: Propane - 44 F Anhydrous Ammonia - 28 F Butane 31 F Gasoline 100 F Ally! chloride I13F Ethylene Glycol 387 F BOM or BuMines - Bureau of Mines, U.S. Department of Interior. Bonding - The interconnecting of two objects by means of a clamp and bare wire. Its purpose is to prevent a static discharge (spark) when transferring a flammable liquid from one container to another. The conductive path is provided by clamps which make contact with the charged object and a low resistance flexible cable which allows the charge to equalize. See Grounding. Bradycartda A slow heartbeat in which the pulse rate falls below 60. See also Tachycardia. . Breathing Zone - The area of the ambient environment in which a person breathes. Bronchitis - Inflammation of the bronchial tubes in the lungs. Buffer A substance capable in solution of neutralizing both acids and bases and thereby maintaining the original acidity or basicity of the solution. Bulk Density - Mass of powdered or granulated solid material per unit of volume. C - Degrees Centigrade, a temperature scale where water boils at I00C and freezes at 0C. C = 5/9 (F - 32). "C", or Celling - The maximum allowable human exposure limit for an airborne substance which is not to be exceeded even momentarily. Also see PEL and TLV. ca - Approximately. CAA - Clean Air Act was enacted by Congress to regulate/reduce air pollution. CAA is administered by the Environmental Protection Agency. Carcinogen - A substance or agent capable of causing or producing cancer in mammals, including humans. A chemical is considered to be a carcinogen if: (a) It has been evaluated by the International Agency for Research on Cancer (IARC) and found to be a carcinogen or potential carcinogen; or (b) It is listed as a carcinogen or potential carcinogen in the Annual Report on carcinogens (latest edition), published by the National Toxicology Program (NTP); or (c) It is regulated by OSHA as a carcinogen. Car - Cancer or carcinogen. Carcinogenicity - The ability to produce cancer. Carcinoma - A malignant tumor. A form of cancer. CAS - Chemical Abstracts Service is an organization under the American Chemical Society. CAS abstracts and indexes chemical literature from all over the world in "Chemical Abstracts." "CAS Numbers" are used to identify specific chemicals or mixtures. Catalyst - A substance which, without changing itself, causes a chemical reaction to proceed faster. * Cataract - A loss of transparency of the crystalline lens of the eye or of its capsule. Caustic - The ability of an alkali to cause burns. See Alkali. cc - Cubic centimeter is a volume measurement in the metric system which is equal in capacity to one milliliter (ml). One quart is about 946 cubic centimeters. Ceiling Limit - A concentration that is not to be exceeded. See also "C" or Ceiling. Ceiling Value(s) - A maximum established level which no human exposure should ever exceed. Central Nervous System - The brain and spinal cord. These organs supervise and coordinate the activity of the entire nervous system. Sensory impulses arc transmitted into the cent.al nervous system, and motor impulses are transmitted out. CERCLA - Comprehensive Environmental Response. Compensation, and Lia bility Act of 1980. The Act requires that the Coast Guard National Response Center be notified in the event of a hazardous substance release. The Act also provides for a fund (the Superfund) to be used for the cleanup of abandoned hazardous waste disposal sites. Cervl* - The lower end of the uterus extending into the vagina. CFR - Code of Federal Regulations. A collection of the regulations that have been promulgated under U.S. Law. Chemical - Any element, chemical compound or mixture of elements and/or compounds where chemical(s) are distributed. Chemical Cartridge Respirator - A respirator that uses various chemical substances to purify inhaled air of certain gases and vapors. This type of respirator is effective for concentrations no more than ten times the TLV of the contaminant, if the contaminant has warning properties (odor or irritation) below the TLV. Chemical Change (Reaction) - Change of composition in properties due to rearrangement of elements, atoms or molecules. Chemical Compound - A substance composed of definite proportions by weight of two or more elements, and whose properties differ from those of its elements. Also see Mixture. Chemical Family - A group of individual elements or compounds with a common general name. Example: ketones, alcohols. Chemical Name - The name given to a chemical in the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPACI or the Chemical Abstracts Service (CAS). Chemical Pneumonitis - Inflammation of the lungs caused by accummulation of fluids due to chemical irritation. CHEMTREC - Chemical Transporation Emergency Center is a national center established by the Chemical Manufacturers Association (CMA1 to relay pertinent emergency information concerning specific chemicals on requests from individ uals. CHEMTREC has a 24-hour toll-free telephone number (800-424-9300) to help respond to chemical transportation emergencies. Chloracne - An acne-like eruption from contact with chlorinated naphthalenes and poiyphenyls acting on sweat glands. ,- Chronic - Persistent, prolonged, and/or repeated effects which are the result of repeated exposure to low concentrations of a chemical substance over a long period of time. Compare with Acute. Chronic Effect - An adverse effect on a human or animal body, w ith sy mptoms which develop slowly over a long period of time or which recur frequently Compare with Acute. Chronic Exposure - Long-term contact with a substance. Chronic Toxicity - Adverse effects resulting from repeated doses of or exposures to a substance over a relatively prolonged period of time. Ordinarily used to denote effects in experimental animals. Clean Air Act - See CAA. Clean Water Act - Federal law enacted to regulate/reduce water pollution CWA is administered by the Environmental Protection Agency. CMA - Chemical Manufacturers Association. See CHEMTREC. 84 CO - Carbon monoxide. A colorless, odorless, flammable and very toxic gas produced by the incomplete combustion of carbon. It is also a by-product of many chemical processes. i - Carbon dioxide is a heavy, colorless gas which is produced by the combustion and decomposition of organic substances and as a byproduct of many chemical processes. CO2 will not bum and b relatively non-toxic (although high concentrations, especially in confined spaces, can create hazardous oxygen deftdenl environments). COC - Cleveland Open Cup b a flash point test method. Combustible - A term used by NFPA, DOT, and others to classify certain liquids that will bum, on the basb of flash points. Both NFPA and DOT generally define "combustible liquids" as having a flash point of 100 F (37.8 C.) or higher but below 200 F (93.3 C). Also see Flammable. Non-liquid substances such as wood and paper are classified as "ordinary combustibles" by NFPA. Combustible Liquid - Any liquid having a flashpoint at or above 100 F (37.8 C), but below 200 F (93.3 C), except any mixture having components with flashpoints of 200 F (93.3 C) or higher, the total volume of which make up ninety-nine percent (99%) or more of the total volume of the mixture. Common Name - Any identification, such as code name, code number, trade name, brand name, or generic name, other than its chemical name, used to identify a chemical. Compressed Gas - (a) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70 F (21.1 C); or (b) A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130 F (54.4 C) regardless of the pressure at 70 F (21.1 C); or (c) A liquid having a vapor pressure exceeding 40 psi at 100 F (37.8 C) as determined by ASTM D-323-72. Cone - See "Concentration." Concentration - The relative amount of a substance when combined or mixed v other substances. Examples; 2 ppm hydrogen sulfide in air, or a 50 percent .ic solution. Conditions to Avoid - Conditions encountered during handling or storage which could cause a substance to become unstable. Confined Space - .Any area which has limited openings for entry and exit that would make escape difficult in an emergency, has a lack of ventilation, contains known and potential hazards, and is not intended nor designated for continuous human occupancy. Conjunctivitis - Inflammation of the conjunctiva, the delicate membrane that lines the eyelids and coven the eyeballs. Contact Dermatitis - Caused by contact with a primary irritant, a skin irritant at the area of skin contact. Container - Any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of MSDS or HazCom, pipes or piping systems are not considered to be containers. Comes - Transparent structure of the external layer of the eyeball. Corrosive - A chemical that causes visible destruction of, or irreversible alterations in, living tissue by chemical action at the site ofcontact This term shall not refer to action on inanimate surfaces. CPSC Consumer Products Safety Commission has responsibility for regulating hazardous materials when they appear in consumer goods. For CPSC purposes, hazards are defined in the Hazardous Substances Act and the Poison Prevention Packaging Act of 1970. Curettage - Cleansing of diseased surface. Cutaneous Hazards - Chemicals which irritate the skin. Cutaneous Toxicity - See Dermal Toxigity. V Clean Water Act was enacted to regulate/reduce water pollution. It is administered by EPA. Cyanosis - Blueness of the skin, generally caused by lack of oxygen. Cyst - A sac containing a liquid. Most cysts are harmless. Cytology - The scientific study of cells. DASHO - Designated Agency Safety and Health Official is the executive official of a Federal Department or Agency who is responsible for safety and occupational health matters within a Federal agency, and is so designated or appointed by the head of the agency. Decomposition - Breakdown of s'material or substance (by heat, chemical reaction, electrolysis, decay, or other processes) into parts or elements or simpler compounds. Density - The mass (weight) per unit volume of a substance. For example, lead is much more dense than aluminum. Depressant - A substance that reduces a bodily functional activity or an instinctive desire, such as appetite. Dermal - Relating to the skin. Dermal Toxicity - Adverse effects resulting from skin exposure to a substance. Ordinarily used to denote effects in experimental animals. Dermatitis - Inflammation of the skin. Also see Irritant, Sensitizer, and Contact Dermatitis. DHHS - U.S. Department of Health and Human Services (replaced U.S. Department of Health, Education and Welfare). NIOSH and the Public Health Service (PHS) are part of DHHS. Dike - A barrier constructed to control or confine hazardous substances and prevent them from entering sewers, ditches, streams, or other flowing waters. Dilution Ventilation - Air flow designed to dilute contaminants to acceptable levels. Also see General Ventilation or Exhaust. DOL - U.S. Department of Labor. OSHA and MSHA are part of DOL. Dose - The term used to express the amount of energy or substance absorbed in a unit volume of an organ or individual dose rate is the dose delivered per unit of time. DOT - U.S. Department of Transportation regulates transportation of chemicals and other substances. Dry Chemical - A powdered fire extinguishing agent usually composed of sodium bicarbonate, potassium bicarbonate, etc. Dysfunction - Any abnormality or impairment of an organ. Dysmenorrhea - Painful menstruation. Dysplasie - An abnormality of development. Dyspriea - Labored or difficult breathing, shortness of breath. Ectopic pregnancy - The fertilized ovum becomes implanted outside of the uterus. Eczema A skin disease or disorder, one specific type of dermatitis. Edema - An abnormal accumulation of clear watery fluid in lift tissues. Element - A substance composed entirely of one kind of atom. Elements are designated by chemical symbols. Emphysema - A lung disease in which the presence of air in the connective tissues of the lungs causes swelling or inflammation. Endocrine Glands - Glands that regulate body activity by secreting hormones. Endometrium - The mucous membrane lining the uterus. Environmental Toxicity - Information obtained as a result of conducting environmental testing designed to study the effects on aquatic and plant life. EPA - U.S. Environmental Protection Agency. Epidemiology - Science concerned with the study of disease in a general population. Determination of the incidence (rate of occurrence) and distribution of a particular disease (as by age, sex, or occupation) which may provide information about the cause of the disease. 85 3S Epistoxb - Nosebleed; hemorrhage from the nose. Epithelium - The thin membrane covering internal and external surfaces of the body. Estrogen - Principal female sex hormone. Evaporation Rate - The rate at which a material will vaporize (evaporate) when compared to the known rate of vaporization of a standard material. The evaporation rate can be useful in evaluating the health and fire hazards of a material. The designated standard material is usually normal butyl acetate (NBUAC or n-BuAc), with a vaporization rate designated as 1.0. Vaporization rates of other solvents or materials are then classified as: FAST evaporating if greater than 3.0. Examples; Methyl Ethyl Ketone (MEK) = 3.8, Acetone = 5.6, Hexane = 8.3. MEDIUM evaporating if 0.8 to 3.0. Examples: 190 proof (95%) Ethyl Alcohol = 1.4, VM tP Naphtha = 1.4, MIBK = 1.6 SLOW evaporating if less than 0.8. Examples: Xylene = 0.6, Isobutyl Alcohol = 0.6, Normal Butyl Alcohol = 0.4, Water = 0.3, Mineral Spirits = 0.1. Explosive - A chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature. Exposure or Exposed - State of being open and vulnerable to a hazardous chemical in the course of employment by inhalation, ingestion, skin contact, absorption, or any other course; includes potential (accidental or possible) exposure. Extinguishing Media - The firefighting substance to be used to control a material in the event of a fire. It is usually named by its generic name, such as fog, foam, water, etc. Eye Protection - Recommended safety glasses, chemical splash goggles, ice shields, etc. to be utilized when handling a hazardous material. F - Fahrenheit is a scale for measuring temperature. On the Fahrenheit scale, water boils at 212" and freezes at 32". F = 9/5 ("C) + 32. f/cc - Fibers per cubic centimeter of air. FACOSH - Federal Advisory Council for Occupational Safety and Health is a joint management-labor council that advises the Secretary of Labor on matters relating to the occupational safety and health of federal employees. FDA - U.S. Food and Drug Administration. Fetal - Pertaining to the fetus. Fetus - The developing young in the uterus from the seventh week of gestation until birth. FFSHC - Field Federal Safety and Health Councils are organized throughout the country to improve federal safety and health programs at the field level and within a geographic location. FHCP - Federal Hazard Communication Program. Fibrosis - An abnormal thickening of fibrous connective tissue, usually in the lungs. FTFRA - Federal Insecticide, Fungicide and Rodenticide Act requires that certain useful poisons, such as chemical pesticides, sold to the public contain labels that carry health hazard warnings to protect users. It is administered by EPA. First Aid - Emergency measures to be taken when a person is suffering from overexposure to a hazardous material, before regular medical help can be obtained. .. Flammable - A chemical that includes one of the following categories: (a) "Aerosol, Flammable." An aclosol that yields a flame projection exceeding 18 inches at full valve opening, or a flashback (a flame extending back to the valve) at any degree of valve opening; (b) "Gas, flammable." (I) A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of 13 percent by volume or less; or (2) A gas that, at ambient temperature and pressure, forms a range of fiammable mixtures with air wider than 12 percent by volume, regardless of the lower limit; (c) "Liquid, flammable." Any liquid having a flashpoint below IOOF(37 8" C), except any mixture having components with flashpoints of 100" F (37.8 C) or higher, the total of which make up 99 percent or more of the total volume of mixture. (d) "Solid, flammable." A solid, other than a blasting agent or explosives that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. A solid is a flammable solid if it ignites and bums with a self-sustained flame at a rate greater than one tenth of an inch per second along its major axis. Flashback - Occurs when flame from a torch bums back into the tip. the torch, or the hose. It is often accompanied by a hissing or squealing sound with a smoky or sharp-pointed flame. Flashpoint - The minimum temperature at which a liquid gives o(T a vapor in sufficient concentration to ignite when tested by the following methods: (a) Tagliabue Closed Tester (see American National Standard Method of Test for Rash Point by Tag Closed Tester, ZII.24 1979 [ASTM D56-79J]). (b) Pensky-Martens Closed Tester (see American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Zl 1.7-1979 (ASTM D93-79]). (c) Setaflash Closed Tester (see American National Standard Method of Test for Flash Point by Setaflash Closed Tester [ASTM D 3278-78]). Foreseeable Emergency - Any potential occurrence such as, but not limited to. equipment failure, rupture of containers, or failure of control equipment w hich could result in an uncontrolled release of a hazardous chemical into the workplace or environment Formula - The scientific expression of the chemical composition of a material (e.g., water is HjO, sulfuric add is H2SO4, sulfur dioxide is SOj) Fume - Smoke, vapor or gas, espedally when irritating or offensive. Fume Fever - An acute condition caused by a brief high exposure to the freshly generated fumes of metal such as lead or magnesium. Gangrene - Death of tissue combined with putrefaction. Gastroenteritis - Inflammation of the stomach and intestines. g Gram is a metric unit of weight One ounce U.S. (avoirdupois) is about 28.4 grams. General Exhaust - A system for exhausting air containing contaminants from a general work area. Also see Local Exhaust. Generic Name - A designation or identification used to identify a chemical by other than its chemical name (e.g., code name, code number, trade name, and brand name). Genetic - Pertaining to or carried by genes. Hereditary. Gestation - The development of the fetus from conception to birth. g/kg - Grams per kilogram is an expression of dose used in oral and dermal toxicology testing to denote grams of a substance dosed per kilogram of animal body weight. Also see kg (kilogram). Grounding - The procedure used to carry an electrical charge to ground through a conductive path. A typical ground may be connected directly to a conductive water pipe or to a grounding bus and ground rod. See Bonding. Gynecology - The study of the reproductive organs in women. Hand Protection - Specific type of gloves or other hand protection required to prevent harmful exposure to hazardous materials. Hazardous Chemical - Any chemical whose presence or use is a physical hazard or a health hazard. 86 Hazardous Material - A material that is characterized by one or more of the following (I) has a flashpoint below 140, closed cup, or subject to spontaneous heating; (2) has a threshold limit value below 500 ppm for gases and vapors, below 500 mg/m for fumes, and below 25 mppcf for dusts; (3) single oral dose LD50 or below 500 mg/kg of body weight; (4) is subject to polymerization which results in the release of large amounts of energy; (5) is a strong oxidizing or reducing agent; (6) causes first degree burns to skin in short time exposure, or is systematically toxic on contact with the skin; and/or (7) in the course of normal operations may produce dusts, gases, fumes, vapors, mists, or smoke which have one or more of the above characteristics. Hazard Warning - Words, pictures, symbols, or combination thereof presented on a label or other appropriate form to inform of the presence of various materials or hazards. Hazardous Chemical - Any chemical whose presence or use is a physical hazard or a health hazard. HCS Hazard Communication Standard is an OSHA regulation. Health Hazard - A chemical for which there is significant evidence, based on at least one study conducted in accordance with established scientific principles, that acute or chronic health efTects may occur in exposed employees. The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes. Hematology The study of blood. Hematoma - A blood clot under the surface of the skin. Hematopoietic System - The blood forming mechanism of the human body. Hematuria - The presence of blood in the urine. Hemoglobin - An iron-containing conjugated protein or respiratory pigment occurring in the red blood cells of vertebrates. Hepatotoxh - A substance that causes injury to the liver. Highly Toxic - A chemical falling within any of the following categories: (a) A chemical with a median lethal dose (LD50) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical with a median lethal dose (LD50) of 200 milligrams or less per kilogram of body weight when administered by continous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each. (c) A chemical that has a median lethal concentration (LC50) in air of 200 parts per million by volume or less of gas or vapor, or 2 milligrams per liter or less of mist, fume, or dust, when administered by continuous inhalation for one hour (or less ifdeath occurs within one hour) to albino tats weighing between 200 and 300 grams each. HMIS - Hazardous Material Information System is an MSDS file maintained by the Department of Defense and contains MSDSs and transportation data Tor products purchased by DOD and GSA. Hormones - Act as chemical messengers to body organs. Hydrocarbons - Chemicals composed solely of carbon and hydrogen, which are the basic building blocks of aU organic chemicals. Hygroscopic - Readily absorbs moisture from the air. Hyperplasia - Increase in volume of a tissue or organ caused by the growth of new cells. Hypoxia - Insufficient oxygen, especially as applied to body cells. IARC - International Agency rfr Research on Cancer. Ignttable - Capable of being set afire. Immiscible - Liquids which will not mix with each other but will form 2 separate layers or will result in cloudiness or turbidity. Impervious - A material that does not allow another substance to pass through or penetrate it. Incompatible - Materials that could cause dangerous reactions by direct contact with one mother are described as incompatible. Inflammation - A morbid series of reactions produced in the tissues by an irritant. It is marked by an afflux of Mood with exudation of plasma and leukocytes. Ingestion - Taking in by the mouth. Inhale - See Inhalation. Inhalation - Breathing in of a substance in the form of a gas, vapor, fume. mist, or dust. Inhibitor - A chemical added to another substance to prevent an unwanted chemical change. Inorganic - A term used to designate compounds that generally do not contain carbon. Source matter other than vegetable or animal. Examples are sulfuric acid and salt. Insol - See Insoluble. Insoluble - Incapable of being dissolved in a liquid. Intrauterine - Within the uterus. IrodocycHtis - Inflammation of both iris and ciliary body of the eye. Irritant - A chemical, which is not corrosive, but which causes a reversible inflammatory effect on living tissue by chemical action at the site of contact. Irritating - An irritating material, as defined by DOT. is a liquid or solid substance which, upon contact with fire or when exposed to air. gives off dangerous or intensely irritating fumes (not including poisonous materials). See Poison, Class A and Poison, Class B. Iscemia - Local and temporary anemia due to the obstruction of the circulation in a part of the body. kg - Kilogram is a metric unit of weight, about 2.2 U.S. pounds. Also see g/ kg. g and mg. L - Liter is a metric unit of capacity or volume. A U.S. quart is about 9'10 of a liter. Label - Notice attached to a container, bearing information concerning its contents. Lacrimatlon - Secretion and discharge of tears. Lactation - The secretion of milk by the breasts. Latent Period - The period of time between exposure and the first manifestation of damage. Lavage - A washing of a hollow organ, such as the stomach. LC - Lethal Concentration is the concentration of a substance being tested that will kill. LCL - Lethal Concentration Low, lowest concentration of a gas or vapor capable of killing a specified species, over a specified time. LC50 - The concentration of a material in air that will kill 50 percent of a group of test animals with a single exposure (usually I to 4 hours). The LC50 is expressed as part of material per million parts of air. by volume (ppm) for gases and vapors, or as micrograms of material per liter of air (g/1) or milligrams of material per cubic meter of air (mg/m) for dusts and mists, as well as for gases and vapors. LD - Lethal Dose is the quantity of a substance being tested that will kill. LDL - Lethal Dose Low, lowest administered dose of a material capable of killing a specified test species. LD50 - A single dose of material expected to kill 50 percent of a group of test animals. The LD dose is usually expressed as milligrams or grams of material per kilogram of animal body weight (mg/kg or g/kg). The material may be administered by mouth or applied to the skin. 87 Lead Intoxlcslloti - Lead absorption resulting from inhalation of lead dust or fume, or from swallowing lead dust LEL, ot LFL - Lower Explosive Limit, or Lower Flammable Limit, of a vapor or gas; the lowest concentration (lowest percentage of the substance in the air) that will produce a (lash of fire when an ignition source (heat, arc, or (lame) is present. At concentration lower than the LEL, the mixture is too "lean" to burn. Also see UEL. Lesion - Any damage to a tissue. Lethal Concentration - LC - A concentration of a substance that is sufficient to kill a test animal. Lethal Concentration SO - LC50 - See LC50. Lethal Dose LD - An amount of a substance that is sufficient to kill a test animal. Lethal Dose SO - LD50 - See LD50. Leukemia - A disease of the blood marked by persistent increase in white blood cells, associated with changes in the spleen, the bone marrow, or the lymphatic nodes. Local Exhaust - A system for capturing and exhausting contaminants from the air at the point where the contaminants are produced (welding, grinding, sanding, other processes or operations). Also see General Exhaust Lfm - Linear feet per minute, a unit of air velocity. M - Meter is a unit of length in the metric system. One meter is about 39 inches. m - Cubic meter is a metric measure of volume, approximately 35.3 cubic feet or 1.3 cubic yards. Malaise - A feeling of general discomfort, distress, or uneasiness, an "out-of-sorts" feeling.. - Malignant - Tending to become progressively worse and to result in death, often used in describing tumors. Mammary - Pertaining to the breast Mechanical Exhaust - A powered device, such as a motor-driven fan, or stream venturi lube, for removing contaminants from a workplace, vessel, or enclosure. Mechanical Filter Respirator - A respirator used to protect against airborne particulate matter like dusts, mists, metal fumes, and smoke. Mechanical filter respirators do not provide protection against gases, vapors, or oxygen deficient atmospheres. Melting Point - The temperature at which a solid substance changes to a liquid state. Menorrhagia - Excessive menstruation. Menstruation - Periodic discharge of blood from the vagina from a non-pregnant uterus. MESA - Mining Enforcement and Safety Administration. Metabolism - The physical and chemical processes by which living organisms produce the necessary energy to maintain life. Metastases - The transfer of disease from one organ or part to another not directly connected with it Meter - A unit of length; equivalent to 39.37 inches mg - Milligram is a metric unit of weight which is one thousandth of a gram. mg/kg - Milligrams of substance per kilogram of body weight is an expression of toxicological dose. mg/m - Milligrams rer cubic meter is a unit for expressing concentration of dusts, gases, Of mists in air. Micron- Micron is a unit of fcngth equal to one millionth of a meter. A micron is approximately I /23,000 of an inch. Mid - Mild. Mist - Suspended liquid droplets generated by condensation from the gaseous to the liquid state, or by breaking up a liquid into a dispersed stale, such as splashing, foaming or atomizing. Mist is formed when a finely divided liquid is suspended in air. Mixture - Any combination of two or more chemicals if the combination is not. in whole or part, the result of a chemical reaction. ml - Milliliter i a metric unit of capacity, equal in volume to one cubic centimeter (cc), or approximately 1/16 of a cubic inch. One thousandth of a liter. Mid - Mild. mmHg - Millimeters (mm) of mercury (Hg) is a unit of measutemeni for low pressures or partial vacuums. Molecular Weight - Weight (mass) of a molecule based on the sum of the atomic weights of the atoms that make up the molecule. mppcf - Million particles per cubic foot is a unit (or expressing concentration of particles of a substance suspended in air. Exposure limits for mineral dusts (silica, graphite, Portland cement, nuisance dusts, and others), formerly expressed as mppcf, are now more commonly expressed in mg/m. MSDS - Material Safety Data Sheet. MSHA - Mine Safety and Health Administration, U.S. Department of labor. Mutagen - A substance or agent capable of altering the genetic material in a liv ing cell. MW - See Molecular Weight. N - Nitrogen is a colorless, odorless, and tasteless gas lhal will not burn and ill not support combustion. The earth's atmosphere (air) is about 78 percent nitrogen. At higher concentrations, nitrogen can displace oxygen and become a lethal asphyxiant. See Asphyxiant. Narcosis - A stale of stupor, unconsciousness, or arrested activity produced by ihe influence of narcotics or other chemicals. Nausea - Tendency to vomit feeling of sickness al the stomach. NCI - National Cancer Institute is that part of Ihe National Institutes cif Health which studies cancer causes and prevention as well as diagnosis, treatment, and rehabilitation of cancer patients. Necrosis - Local death of tissue. Neo - See Neoplasia. Neonatal - The first 4 weeks after birth. Neoplasia - A condition characterized by the presence of new growths (tumorsl. Nephrotoxin - A substance that causes injury to the kidneys. Neurotoxin - A material that affects the nerve cells and may produce emotional or behavioral abnormalities. Neutralize - To eliminate potential hazards by inactivating strong acids, caustics, and oxidizers. For example, acids can be neutralized by adding an appropriate amount of caustic substance (alkali ot base) to the spill. NFPA - National Fire Protection Association is an international membership organization which ptomotes/improves fire protection and prevention, and establishes safeguards against loss of life and property by fire. Best known on the industrial scene for the National Fire Codes-- 16 volumes of codes, standard', recommended practices and manuals developed (and periodically updated) bv NFPA technical committees. ng - Nanogram, one-billionth of a gram. NIOSII - National lnsti"nc for Occupational Safety and Health, t S Public Health Service, U.S. Department of Health and Human Services (DHHS). among other activities, tests and certifies respiratory protective devices and air sampling detector tubes, recommends occupational exposure limits for various substances, and assists OSHA and MSHA in occupational safety and health Investigations and research. 88 Nonflammable - Not easily ignited, or if ignited, not burning rapidly. Non Sparking Tools - Tools made from beryllium-copper or aluminum-bronze greatly reduce the possibility of igniting dusts, gases, or flammable vapors. Although these tools may emit some sparks when striking metal, the sparks have a low heat content and are not likely to ignite most flammable liquids. NO* - Oxides of nitrogen which are undesirable air pollutants. NOx emissions are regulated by EPA under the Ciean Air Act. NPIRS - National Pesticide Information Retrieval System is an automated data base operated by Purdue University containing information on EPA registered pesticides, including reference file MSDSs. NRC - National Response Center is a notification center which must be called when significant oil or chemical spills or other environment-related accidents occur. The toll-free telephone number is 1-800-424-8802. NTP - National Toxicology Program. The NTP publishes an Annual Report on Carcinogens. Nystagmus Spasmic, involuntary motion of the eyeballs, in either a horizontal, vertical or circular pattern. Odor - A description of the smell of the substance. Odor Threshold The lowest concentration of a substance's vapor, in air, that can be smelled. Olfactory - Relating to the sense of smell. Oliguria - Scanty or low volume of urine. Oral - Used in or taken into the body through the mouth. OFAP - Office of Federal Agency Programs is the organizational unit of OSHA which provides federal agencies with guidance to develop and implement occupational safety and health programs for federal employees. Oral Toxicity - Adverse effects resulting from taking a substance into the body by mouth. Ordinarily used to denote effects in experimental animats. Organic Peroxide - An organic compound that may be considered a structural derivative of hydrogen peroxide. Organogensis - The secretion of tissues into different organs in embroyonic development OSHA - Occupational Safety and Health Administration, U.S. Department of Labor. Ovary - The female sex gland in which ova (eggs) are formed. Overexposure - Exposure to a hazardous material beyond the allowable exposure levels. Ovulation - The process in which an ovum (egg) is discharged from an ovary. Ovum - Egg. Oxidation - A reaction in which a substance combines with oxygen. Oxidation-Reduction Reaction - A chemical reaction in which an atom or molecule loses electrons to another atom or molecule. Oxidizer - A chemical other than a blasting agent or explosive that initiates or promotes combustion in other materials, causing fire either by itself or through the release of oxygen or other gases. Oxidizing Agent - A chemical or substance that brings about an oxidation reaction. Papanicolaou Smear (Pap Smear) - Test most commonly used to detect cancer of the uterus and cervix. Pathologic - Pertaining to or caused by disease. Pathology - Scientific study alterations produced by disease. PEL - Permissible Exposure Limit is an exposure limit established by OSHA's regulatory authority. It may be a time weighted average (TWA) limit or a maximum concentration exposure limit. See also TLV. Percent Volatile - Percent volatile by volume is the percentage of a liquid or solid (by volume) that will evaporate at an ambient temperature of 70F (unless some other temperature is specified). Examples: butane, gasoline, and paint thinner (mineral spirits) are 100 percent volatile; their individual evaporation rates vary, but, in time, each will evaporate completely. Personal Protective Equipment - PPE - Devices worn by the worker to protect against hazards in the environment. Respirators, gloves, and ear protectors are examples. pH - The symbol relating, the hydrogen ion (H-) concentration to that of a given standard solution. A pH of 7 is neutral. Numbers increasing from 7 to 14 indicate greater alkalinity. Numbers decreasing from 7 to 0 indicate greater acidity. Physical Hazard - A chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas. explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive. Placenta - A structure that grows on the wall of the uterus during pregnancy, through which the fetus is nourished. PMCC - Pensky-Martens Closed Cup. See Flash Point. Pneumoconiosis - A condition of the lung in which there is permanent deposition of particulate matter and the tissue reaction to its presence. It may range from relatively harmless forms of iron oxide deposition to destructive forms of silicosis. Poison, Class A - A DOT term for extremely dangerous poisons--poisonous gases or liquids that, in very small amounts, either as gas or as vapor of the liquid, mixed with air, are dangerous to life. Examples: phosgene, cyanogen, hydrocyanic acid, nitrogen peroxide. Poison, Class B - A DOT term for liquid, solid, paste or semisolid substances-- other than Class A poisons or irritating materials--that are known (or presumed on the basis of animal tests) to be so toxic to humans that they are a hazard to health during transportation. Polymerization - A chemical reaction in which one or more small molecules combine to form larger molecules. A hazardous polymerization is a reaction that ' takes place at such a rate that large amounts of energy are released. If hazardous polymerization can occur with a given material, the MSDS usually will list conditions that could start the reaction and--since the material usually contains a polymerization inhibitor--the length of time during which the inhibitor w ill be effective. ppb - Parts per billion is the concentration of a gas or vapor in air--parts (by volume) of the gas or vapor in a billion parts of air. Usually used to express extremely low concentrations of unusually toxic gases or vapors: also the concentration of a particular substance in a liquid or solid. ppm - Parts per million is the concentration of a gas or vapor in air--pans (by volume) of the gas or vapor in a million parts of air; also the concentration of a particular substance in a liquid or solid. Prenatal - Preceding birth. psl Pounds per square inch (for MSDS purposes) is,the pressure a material exerts on the walls of a confining vessel or enclosure. For technical accuracy, pressure must be expressed as psig (pounds per square inch gauge) or psia (pounds per square inch absolute; that is, gauge pressure plus sea level atmospheric pressure, or psig plus approximately 14.7 pounds per square inch). Also see mmHg. Pul - See Pulmonary. Pulmonary - Relating to, or associated with, the lungs. Pulmonary Agent - Chemicals that may damage the lungs. Pulmonary Edema - Fluid in the lungs. Pyrophoric - A chemical that will ignite spontaneously in air at a temperature of I30F(54.4C) or below. RCRA - Resource Conservation and Recovery Act is environmental legislation aimed at controlling the generation, treating, storage, transportation and disposal of hazardous wastes. It is administered by EPA. See also CERCLA. Reaction - A chemical transformation or change. The interaction of two or more substances to form new substances. 89 Reactive - See Unstable. Reactivity Chemical reaction with the release of energy. Undesirable effects-- such as pressure buildup, temperature increase, formation of noxious, toxic or corrosive by-products-may occur because of the reactivity of a substance to heating, burning, direct contict with other materials, or other conditions in use or in storage. Reducing Agent - In a reduction reaction (which always occurs simultaneously with an oxidation reaction) the reducing agent is the chemical or substance which (I) combines with oxygen or (2) loses electrons to the reaction. See also Oxidation, Oxidation-Reduction Reaction. REL The NIOSH REL (Recommended Exposure Limit) is the highest allow able airborne concentration which is not expected to injure the workers. It may be expressed as a ceiling limit or as a time-weighted average (TWA). Reproductive Toxin - Chemicals which have a negative effect on (he reproductive capabilities, including chromosomal damage (mutations) and birth defects to the fetus (teratogensis). Respiratory Protection - Devices that will protect the wearer's respiratory system from overexposure by inhalation of airborne contaminants. Respiratory protection is used when a worker must work in an area where he/she might be exposed to concentrations in excess of the allowable exposure limit. Respiratory System - The breathing system (hat includes the lungs and the air passages (trachea or "windpipe," larynx, mouth, and nose) to the air outside the body, plus the associated nervous and circulatory supply. Respirator - A device designed to protect the wearer from the inhalation of contaminated air. Respiratory Disease Any disease which aifects the lungs or the respiratory tract. Respiratory Irritants - Any chemical that produces a reversible inflammatory effect on the respiratory system. Routes of Entry - The means by which material may gain access to the body, for example, inhalation, ingestion, and skin contact Safety Can - An OSHA-approved closed container which has the following characteristics: (I) a capacity of not mote than S gallons (19 liters); (2) a springdosing lid and spout cover, (3) flash-arresting screen; and (4) designed to safely relieve internal pressure if exposed to (ire. Saturation - The maximum concentration of matter that can be dissolved in a solution at a given temperature. Sarcoma - A malignant tumor arising in connective tissues such as bone or cartilage. Self-Contained Breathing Apparatus - A respiratory protection device that consists of a supply or a means of respirable air, oxygen, or oxygen generating material, carried by the wearer. Sensitizer - A chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical. SETA - Setaflash Closed Tester. See Flash Point Silicosis - A disease of the lungs caused by the inhalation of silica dust Skn - Skin. "Skin" - A notation (sometimes used with PEL or TLV exposure data) which indicates that the stated substance may be absorbed by the skin, mucous membranes, and eyes--either airborne or by direct contact--and that this additional exposure must be considered part of the total exposure to avoid exceeding the PEL or TLV for that substance. Skin Absorption - Ability of some hazardous chemicals to pass directly through the skin and enter the Moodstfcam. Skin Sensitizer - See Sensitizer. Skin Toxicity - See Dermal Toxicity. SOx - Oxides of sulfur. Soln - Solution. Solubility In water - A term expressing the percentage of a material (by weight I that will dissolve in water at ambient temperature. Solubility information can be useful in determining spill clean-up methods and re-extinguishing agents and methods for a material. Solvent - A substance, usually a liquid, in which other substances are dissolved The most common solvent is water. SOx - Oxides of sulfur. Species - On the MSDSs, species refers to the test animals--usually rats, mice, or rabbits--used to obtain the toxicity test data reported. Specific Chemical Identity - The chemical name. Chemical Abstracts Service (CAS) Registry Number, or any precise chemical designation of a substance. Specific Gravity - The weight of a material compared to the weight of an equal volume of water is an expression of the density (or heaviness) of a material insoluble materials with specific gravity of less than 1.0 will float in (or on I water materials with specific gravity greater than 1.0 will sink in water. Most (but not all) flammable liquids have specific gravity (ess than 1.0 and, if not soluble, will float on water--an important consideration for fire suppression. Spill or Leak Procedures - The methods, equipment, and precautions that are designed to clean up or contain substances that have spilled or leaked. Splash Proof Goggles - Eye protection made of a non-corrosive material that lies snugly against the fact, and has indirect ventilation ports. Spontaneously Combustible - A material that ignites as a result of retaining heat from processing, or which will oxidize to generate heat and ignite, or which absorbs moisture to generate heat and ignite. Squamous - Scaly or platelike. Stability - The ability of a material to remain unchanged. For MSDS purposes, a material is stable if it remains in the same form under expected and reasonable conditions of storage or use. Conditions which may cause instability (dangerous change) are stated; for example, temperatures above 150F; shock from dropping. STEL - Short Term Exposure Limit (ACGIH terminology). See also TLV. Stenosis - Narrowing of a body passage or opening. Steroids - A complex molecule among which are the male and female sex hormones. Stupor - Partial or nearly complete unconsciousness. Subcutaneuous - Beneath the layers of the skin. Supplied Air Respirators - Air line respirators of self-contained breathing apparatus. Sys - System or systemic. Systemic Poison - A poison which spreads throughout the body, affecting all body systems and organs. Its adverse effect is not localized in one spot or area. Systemic Toxicity - Adverse effects caused by a substance which aifects the body in a general rather than local manner. Synonym - Another name or names by which a material is known. Methvl alcohol, for example, is also known as methanol or wood alcohol. Tachycardia - Excessively rapid heartbeat See also Bradycarida. Target Organ EITects - The following is a target organ categorization of effects which may occur, including examples of signs and symptoms and chemicals which have been found to cause such effects. These examples are presented to illustrate the range and diversity of effects and hazards found in the workplace, and the broad scope employers must consider in this area, but are not intended to be all inclusive. a. Hepatoxhw - Chemicals that produce liver damage. Signs and Symptoms - Jaundice; liver enlargement. Chemicals - Carbon tetrachloride; nitrosamines. 90 b. Nephrotoxlns - Chemicals that produce kidney damage. Signs and Symptoms - Edema; proteinuria. Chemicals - Halogenated hydrocarbons; uranium. c. Neurotoxins - Chemicals (hat produce their primary toxic effects on the nervous system. Signs and Symptoms - Narcosis; behavioral changes; decrease in motor functions. Chemicals Mercury, carbon disulfide. d. Agents which act on the hematopoietic system - Chemicals that decrease hemoglobin function; deprive the body tissues of oxygen. Signs and Symptoms - Cyanosis; loss of consciousness Chemicals - Carbon monoxide; cyanides. e. Agents which damage the lung - chemicals that irritate or damage the pulmonary tissue. Signs and Symptoms - Cough, tightness in chest, short of breath. Chemicals Silica; asbestos. f. Reproductive toxins - Chemicals that affect the reproductive capabilities including chromosomal damage (mutations) and efTeds on fetuses (teratogenesis). Signs and Symptoms - Birth defects; sterility. Chemicals - Lead, Dibutyl chlorophenol (DBCP). g. Cutaneous hazards - Chemicals which affect the dermal layer of the body. Signs and Symptoms - Defatting of the skin; rashes; irritation. ' Chemicals - Ketones; chlorinated compounds. h. Eye hazards - Chemicals which affect the eye or visual capacity. Signs and symptoms - Conjunctivittis; comeal damage. Chemicals - Organic solvents; acids. Targef Organ Toxin - A toxic substance that attacks a specific organ of the body. For example, overexposure to carbon tetrachloride can cause liver damage. TCC - Tag (Tagliabue) Closed Cup. See Flash Point. TCL - Toxic Concentration Low, the lowest concentration of a gas or vapor capable of producing a defined toxic effect in a specified test species over a specified time. TDL - Toxic Dose Low, lowest administered dose of a material capable of producing a defined toxic effect in a specified test species. Temp - Temperature. Ter - See Teratogen. Teratogen - A substance or agent, exposure to which by a pregnant female, can tesult in malformations in the fetus. Tfx - Toxic effed(s). Thermal Decomposition - The breakdown of a material when heated. Threshold Limit Value - TLV and PEL. The Threshold Limit Value (TLV) is a safe exposure level set by the American Conference of Governmental Industrial Hygienists (ACGIH). A Permissible Exposure Limit (PEL) is a similar level set by OSHA. Both refer to airborne cottcentnccns of substances ind -ecresent in txrcsure level artier which mis teceie an wort xmauds "or 1 tours 1 n- av ifier in. with to harmful ^feca. Three ategctm lffT-Vs ne oecerr i! Time ^t dWLii V iiVa tTL.,-r*M - Thn s he re-w i-.ee tvereae ixtcrtejtsn i uen wrscxv -O-Jrrrc n--. scefc. x -rv.-s w wo-vs**. n -si -sm"v -s s res r- snfticsK o-v-'s. nhsvx (b) Shorl-Term-Exposure Limit (TLV-STEL) - This is the maximum concentration to which workers can be exposed for a period up to li minutes continuously without suffering from (I) irritation. (2) chronic or irreversible tissue change, or (3) narcosis of sufficient degree to impair self-rescue or reduce work efficiency. No mote than four 15-minute exposure periods per day are permitted with at least 60 minutes between those exposure periods. (c) Ceiling (TLV-Q - The concentration that should not be exceeded even momentarily. NOTE: If any of the above TLVs is exceeded, a potential hazard from that substance is presumed to exist Tinnitus A ringing or singing sound in the ears. TLV - See Threshold Limit Value. TOC - TAG Open Cup. See Flash Point Torr - A unit of pressure, equal to I /760 atmosphere. Toxemia - Poisoning by way of the blood stream. Toxic - A chemical falling within any of the following categories: (a) A chemical with a median lethal dose (LD50) of more than 50 milligrams per kilogram but not mote than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each. (b) A chemical that has a median lethal dose (LD50) of more than 200 milligrams per kilogram but not more than 1.000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours lot less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two or three kilograms each. (c) A chemical that has a median lethal concentration (LC50) in air of more than 200 parts per million but not more than 2,000 parts per million by volume of gas of vapor, or more than two milligrams per liter but not more than 20 milligrams per liter of mist, fume, or dust, w hen administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each. Toxic Substance - Any substance which can cause acute or chronic injury to the human body, or which is suspected of being able to cause diseases or injury under some conditions. Toxicity - The sum of advetse effects resulting from exposure to a material, generally by the mouth, skin, or respiratory tracL Trade Name - The trademark name or commercial trade name for a material or product. Transplacental - An agent that causes physical defects in the developing embryo TSCA - Toxic Substances Control Acf (Federal Environmental Legislation administered by EPA) regulates the manufadure. handling, and use of materials classified as "toxic substances." TWA - Time Weighted Average exposure is the airborne concentration of a material to which a person is exposed, averaged over the total exposure time, generally (he total workday (8 to 12 hours). Also see TLV. GEL, or UFL - Upper Explosive Limit or Upper Flammable Limit of a v apor or gas; the highest concentration (highest percentage of the substance in air) that will produce a flash of fire when an ignition source (heat, arc. or flame lis present. At higher concentrations, the mixture is too "rich" to bum. Also see LEL. UG - Micrognm. one-millionth of i gram. VaseMt - Ttr.ers -c-w-tri fecrvmraacn tf -.t2*r or*jets; fares xertai -nrc'--x ^ tent .-a-it 1Fit Mrih Vsjt - u r r"o rnt it-ras. - re --er:e. tee-rre'e. ree. - s ~ ;___i. -- BRB 0121 il USDA - U.S. Department of Agriculture. Uterus - A muscular organ which holds and nourishes the growing fetus. Vapor - The gaseous form of a solid or liquid substance as it evaporates. Vapor density - The weight of a vapor or gas compared to the weight of an equal volume of air is an expression of the density of the vapor or gas. Materials lighter than air have vapor densities less than 1.0 (examples: acetylene, methane, hydrogen). Materials heavier than air (examples: propane, hydrogen sulfide, ethane, butane, chlorine, sulfur dioxide) have vapor densities greater than 1.0. All vapors and gases will mix with air, but the lighter materials will tend to rise and dissipate (unless confined). Heavier vapors and gases are likely to concentrate in low places--along or under floors, in sumps, sewers, and manholes, in trenches and ditches--where they may create fire or health hazards. Vapor pressure - The pressure exerted by a saturated vapor above its own liquid in a closed container. When qualifying control tests are performed on products, the test temperature is usually I00F, and the vapor pressure is expressed as pounds per square inch (psig or psia), but vapor pressures reported on MSDSs are in millimeters of mercury (mmHg) at 68F (20 C), unless stated otherwise. Three facts are important to remember 1. Vapor pressure of a substance at I00F will always be higher than the vapor pressure of the substance at 68F (20C). 2. Vapor pressure reported on MSDSs in mmHg are usually very low pressure; 760 mmHg is equivalent to 14.7 pounds per square inch. 3. The lower the boiling point of a substance, the higher its vapor pressure. Ventilation - See General Exhaust, Local Exhaust and Mechanical Exhaust Ventilation. VermicuIHe - An expanded mica (hydrated magnesium-aluminum-iron silicate) used as sorbent for spill control and clean-up. Vertigo - A feeling of revolving in space; dizziness, giddiness. Viscosity - Resistance to (low exhibited by a fluid. Volatility - A measure of how quickly a substance forms a vapor at ordinary temperatures. Water Disposal Methods - Proper disposal methods for contaminated material, recovered liquids or solids, and their containers. Water-Reactive - A chemical that reacts with water to release a gas that is cither flammable or presents a health hazard. Work Area - A room or denned space in a workplace where hazardous chemicals are produced or used, and where employees are present. Workplace - An establishment at one geographical location containing one or more work areas. Zinc Fume Fever - A condition brought on by inhalation of sine oxide fume characterized by flulike symptoms with a metallic taste in the mouth, coughing, weakness, fatigue, muscular pain, and nausea, followed by fever and chills. The onset of symptoms occur four to twelve hours after exposure. I h 92 BRB 0122